Henszey's Estate

Citations

• 220 Pa. 212
• 69 A. 676
• 1908 Pa. LEXIS 753

Syllabus

<p>Wills — Conversion—Changing course of descent — Discretionary power to sell.</p> <p>The law does not favor conversion where the result will be to change the course of inheritance, and in such case it will be presumed no farther, than is necessary to carry out the intent of the testator. If in a qualified direction by a testator to sell real estate, the sale is prevented by the qualification, until the course of descent is changed by death, it will descend as land, and not as money.</p> <p>Where a testator orders land to be sold, and certain legacies paid out of the proceeds, the surplus money after the payment of the legacies, goes to the heir- at law, and not to the executor, as it would were it considered the residue of personal estate.</p> <p>A sale made by trustees, for the convenient management of the trust, and not under positive directions in the will, does not alter the course of distribution.</p> <p>Testatrix died leaving a will by which she created a trust for a person named for life, and upon the death of such person she directed her trustees to divide the principal of her estate into four equal parts, and to grant, convey and pay one part to her son, and made similar gifts of the other parts to other persons. The son died prior to the life tenant, leaving a -widow and children. The land remained unsold until after the death of the life tenant. The will gave the trustees a discretionary power of sale. After the death of the life tenant the land was sold under the power. Held, that the one-fourth of the estate, representing the son’s share, passed as real estate to his wife and children.</p>