Davidson, Exrx. v. Bright

Citations

• 267 Pa. 580
• 110 A. 301
• 1920 Pa. LEXIS 915

Syllabus

<p>Wills — Direction to pay debts — Power of sale — Conversion — Lien of decedent's debts — Fiduciary Act of June 7, 1917, P. L. Jflf7, section SO.</p> <p>1. A direction “to pay all my just debts and funeral expenses” in one item of a will, and in another, an authority to the executors “to make sale of any of my real estate” do not work a conversion at the moment of the testator’s death, breaking the descent and vesting the entire estate as personalty, where there is nothing in the will upon which could be predicated a positive direction to sell or a necessity to sell to execute the will, nor such a blending of real and personal property as would create a fund to devolve as personalty.</p> <p>2. The mere blending of real and personal estate without a clear and indubitable intent to create a common fund and bequeath it as money will not constitute a conversion.</p> <p>3. The law does not favor conversions.</p> <p>4. As a general rule conversion takes place from the death of the testator where testator intended there should be a conversion, but when there is no intention to convert out and out and the power is discretionary in the executors or trustees, the land passes to the heirs at law as land.</p> <p>6. At the moment of testator’s death, the lien of the unscheduled debts attach, to be released only in the manner provided by law, i. e., by judicial sale, or other appropriate remedy.</p> <p>6. Where there is an absolute direction to sell for the payment of debts, the purchaser is hound to see to the payment of the recorded debts, hut he is not bound to see to the payment of general debts, as they become payable in the ordinary course of administration; but' where the power of sale is discretionary, conversion takes place when the land is sold.</p> <p>7. Section 30 of the Fiduciaries Act of June 7, 1917, P. L. 447, makes no change in the law as it previously existed with respect to the lien of general debts against a decedent’s real estate where a discretionary power