Miller v. Sheaffer

Citations

• 75 Pa. Super. 584
• 1921 Pa. Super. LEXIS 69

Syllabus

<p>Wills — Beal estate — Directions to sell — Sufficiency—Curtesy.</p> <p>A testator provided in his will that certain real estate should be sold by his executors, at the direction of his children, “when and at such time and times as they may think proper and for such price or prices as they may be willing to take for the same.”</p> <p>Subsequently the executors sold the property, all of the heirs joining in the deed. An action of ejectment was afterwards instituted by the husband of one of the heirs, who was also assignee for another share of the property, on the ground that he had not joined in the deed and that, therefore, he was entitled to his share in the property as tenant by curtesy.</p> <p>Held, that the executors had the power to sell the real estate and the failure of the husband of one of the heirs to join in the deed had no effect, as no title ever vested in the heirs and, consequently, the husband never acquired any interest in the property.</p>