Estate of Sims

Citations

• 130 Pa. 451
• 18 A. 638
• 1889 Pa. LEXIS 1210

Syllabus

<p>(а) A testator devised and bequeathed all his estate, real and personal, to his executors and trustees, in trust for appointed purposes, “ with full power to make leases of my real estate, and do all other acts and things which in their judgment shall be necessary and proper in the control and management of said estate.”</p> <p>(б) By a codicil, the testator provided that a daughter should have a eertain house and lot, “ where she now resides, or the net income thereof, during her natural life, and at her decease the same shall descend to and vest in her children in fee simple.”</p> <p>1. The property devised to the daughter having been sold by testator in his lifetime, and the title perfected after his death by his executors and trustees, who received the purchase money, the latter was held subject to an active trust, and the daughter was not entitled to have the principal during life, under the act of May 17, 1871, P. L. 269, even with the consent of her children entitled in remainder.</p>