Luckenbach v. Luckenbach

Citations

• 175 Pa. 484
• 38 W.N.C. 326
• 34 A. 852
• 1896 Pa. LEXIS 1276

Syllabus

<p>Will — Provision for widow — Direction to sell — Creditor of legatee.</p> <p>By the terms of the testator’s will his widow was to have the income of his real estate, and “if it should prove at any time during her life that she should find it necessary or more convenient to make sale thereof for her maintenance and well keeping’’the executors were directed to sell,, and the income of the proceeds or the capital if necessary was to be employed for her benefit, maintenance and comfort. A creditor of the widow claimed that the widow had directed the executor- to sell the real estate,, but that before it was sold the widow died. Held, (1) that the widow had the option to determine the style of her living, and the necessity of sale; (2) that her exercise of the option was complete by a direction tO' the executor to sell; (8) that while the direction to sell was revocable by the widow, it was not revoked merely by her death; (4) that no delay on the part of the executor could change the rights of the widow or those of' others which depended on them; (5) that the creditor had the right to have-the fact determined whether the widow exercised her power under the-will to direct a sale, and did not revoke it; (6) that if it should be determined that the executor was directed to sell, and that this direction had not been revoked, the executor could sell the real estate, and bring the proceeds into court to meet the creditor’s claim, with the same effect as if done in the widow’s lifetime.</p>