Cooper's Estate

Citations

• 206 Pa. 628
• 56 A. 67
• 1903 Pa. LEXIS 775

Syllabus

<p>Will — Conversion—Power to sell.</p> <p>In order to work a conversion of a testator’s land into money from the time of his death, there must be either, “ 1st. A positive direction to sell; or, 2nd. An absolute necessity to sell in order to execute the will; or, 3d. Such a blending of real and personal estate by the testator in his will, as to clearly show that he intended to create a fund out of both real and personal estate, and to bequeath the said fund as money.”</p> <p>Testator directed as follows : “I direct that my farm be leased if the same can be done to advantage, otherwise I direct that my executor shall sell the same at public or private sale, at such time as he shall deem it expedient so to do, and I hereby authorize and empower him to make good and sufficient deed for conveying the same to the purchaser.” This clause was followed by gift to his wife of half of the income or proceeds of sale of the estate when sold, with the residue to certain persons named. Held, that there was no such positive direction or absolute necessity to sell as to work a conversion from the death of testator.</p> <p>Where no conversion of land takes place under a will until by sale at the expiration of more than two years from date of testator’s death, the proceeds of the sale are discharged from all liability for the payment of decedent’s debts. When the debts ceased to be a lien upon the land upon the expiration o£ the two years, they ceased also to be payable out of the proceeds of the sale of the land.</p>