Neumann's Estate

Citations

• 41 Pa. Super. 279
• 1909 Pa. Super. LEXIS 52

Syllabus

<p>Will — Conversion—Power of sale.</p> <p>1. A conversion under a will only takes place when (1) there is a positive direction to sell, or (2) an absolute necessity to sell for the purpose of carrying out the provisions of a will, or (3) such a blending of real and personal estate by the will as clearly discloses an intention on the part of the testator to create a fund out of both real and personal property which he bequeaths as money.</p> <p>2. Where there is no positive direction to sell, and a power only is given to the executors to be exercised at their discretion, and there is no absolute necessity to sell apparent from the terms of the will, the will works no conversion of the real estate.</p> <p>.3. Lands subject to a power of sale pass to the devisee until the power is exercised, pending which exercise the devisee is entitled to the rents.</p>