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· 2/24/1902

Keim's Estate

Citations

  • 201 Pa. 609
  • 51 A. 337
  • 1902 Pa. LEXIS 896

Syllabus

<p>Partition— Will— Conversion.</p> <p>Where a testatrix directs that all the rest, residue and remainder of her j estate, real and personal shall be divided into four equal parts, and author- 1 izes her executors to sell the estate in order to accomplish this purpose, and it appears that a sale of the real estate is an absolute necessity from the fact that there is but little personal estate, and that a very large sum of money is to be deducted from one of the shares, the will works a conversion of the real estate into personalty so as to completely bar any proceedings in partition.</p> <p>A person entitled to an interest in real estate under a will is not entitled to institute partition proceedings until the expiration of at least one year from the death of the testator.</p>

Judges: Brown, Dean, Fell, McCollum, Mestrezat, Mitchell, Potter

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