Mellon v. Reed

Citations

• 123 Pa. 1
• 15 A. 906
• 1888 Pa. LEXIS 640

Syllabus

<p>1. A will containing a direction to sell land at a time certain, for distribution, works a conversion of the land notwithstanding a subsequent provision authorizes the widow to postpone the sale, upon terms, as long as she may see cause or during widowhood.</p> <p>2. The interest of a distributee in the land so converted may be sold and transferred by parol notwithstanding the statute of frauds, and his acts, declarations and admissions made at or about the time of such transfer are admissible as evidence thereof.</p> <p>8. Though distributees, affected by such conversion, may together elect to take the land as an appropriation of their shares as upon a purchase, taking title not under the will but by their own act, yet prior to such election the interest of each is personalty and may be released or assigned without writing.</p> <p>4. The purchaser of an interest in land from a beneficiary under a will, is affected with notice and put upon inquiry as to title by a provision of the will directing a conversion of the land, especially when the beneficiary has been out of possession for many years.*</p>