Hamlin v. Thomas

Citations

• 126 Pa. 20
• 24 W.N.C. 4
• 17 A. 506
• 1889 Pa. LEXIS 831

Syllabus

<p>1. Although a power to be exercised aiter a certain event cannot properly be executed before the event has occurred, yet when the power is ample, but its exercise is postponed for the benefit of a particular person, the consent of that person will be equivalent to the happening of the contingency.</p> <p>2. Where a testator devised real estate to Ms widow for life but directed that after her decease Ms executor should sell and convey the same and pay the proceeds to his children, a sale and conveyance by the executor in the widow’s lifetime, but with her consent, will pass a good title to the purchaser.</p> <p>8. As a sale with the life-tenant’s consent is not technically a conveyance of her estate, but a removal of a limitation upon the executor’s power, otherwise sufficient, making it presently exercisable, no question under the statute of frauds is involved, and the life-tenant’s consent may be shown by parol.</p>