Estate of Schmid

Citations

• 182 Pa. 267
• 37 A. 928
• 1897 Pa. LEXIS 805

Syllabus

<p>Decedents' estates — Orphans' court sales — Conversion.</p> <p>An orphans’ court sale does not divest the title of the heirs until after confirmation thereof and conveyance delivered under the order of the court. The sale, even after confirmation, does not divest the title of the heirs of the decedent, for it remains in the power of the court until a deed has been executed and delivered. Until then no conversion takes place, and if the heir of the decedent dies, even subsequently to the confirmation of the report of sale, but before the deed, his interest descends as land, and not as money.</p> <p>Will — Life estate — Conversion—Orphans' court sales.</p> <p>Testator by his will directed as follows : “ And the residue of my estate, real and personal, and wheresoever found, I give and bequeath unto my dear wife, giving her full power and authority to sell the same and execute deed or deeds therefor, and if any of the same be left after her death, I order it to be divided amongst my children share and share alike.” The widow did not sell any of the real estate during her life. After the widow’s death there were several orphans’ court sales of the real estate, all of which were confirmed; but before the deeds were delivered, one of testator’s children died leaving a husband, but no children. Meld, (1) that the widow took an estate for life in the realty ; (2) that, as the lands were unsold at her death, they were subject to the operation of the husband’s will ; (3) that the share of the deceased daughter passed as real estate to her husband for life under his curtesy.</p>