Hoeveler v. Hune

Citations

• 138 Pa. 442
• 21 A. 15
• 1891 Pa. LEXIS 1122

Syllabus

<p>[To be reported.]</p> <p>(a) A testator, after bequeathing legacies to his only daughter and others, directed that his farm be divided share and share alike between his son and daughter, expressing the “ wish and desire that in the division of the same it be done agreeably to” said son and daughter, “and no .sale of said farm to be made if possible,” as in his judgment it would become very valuable.</p> <p>(b) He then added: “In case of a disagreement between my herein named heirs as to the value of said farm, in making a division, they shall each choose a freeholder, to act as arbitrators.My said daughter.to have the first choice to take said farm at the appraised value. Should she refuse to do so, then my only son ...... to take the same if he so desires.”</p> <p>(c) A subsequent clause directed the executor to take charge of the daughter’s interests in the estate, and invest the same for her benefit; or, should she elect to leave her entire interest in the farm during her natural life, then to see, at her death, “that her children only to derive any and all benefits from said estate, and not otherwise: ” •</p> <p>1. The daughter, taking a good title to a moiety of the land in fee-simple, had power to sell it and could convey a marketable title thereto; if the will created a trust at all, which is not decided, it did not apply to the real estate, and.could take effect only as to the proceeds of the land, when sold.</p>