McConnell v. Bryan

Citations

• 62 Pa. Super. 178
• 1916 Pa. Super. LEXIS 382

Syllabus

<p>Will — Conversion—Power of sale — Direction to pay debts out of real estate.</p> <p>Where a testatrix gives all of her personal estate to her daughters, naming them, and “empowers” her executor to sell all of her real estate and to make deed or deeds of the same, and out of the proceeds thereof to pay her debts and all expenses, and also the cost of a tombstone to be placed over the grave of her husband and herself, the will works a conversion of the real estate, and none of the daughters have a standing to maintain a bill in equity for the partition of it.</p> <p>An intention to convert will be implied where the executor is authorized to make a sale, and there is an absolute necessity to sell in order to carry out the provisions of the will.</p>