Paist's Appeal

Citations

• 1 Monag. 523
• 17 A. 6
• 1889 Pa. LEXIS 1308

Syllabus

<p>A testator, after providing for the payment of his debts and funeral expenses, and making certain specific and pecuniary bequests, directed the balance of his estate, personal and real, to be divided between his seven children, their heirs and assigns, share and share alike, and appointed four of his sons executors, to whom he gave a power of sale in the following language: “ I hereby give them full power to sell my personal and real estate at public or private sale, as they shall think best, with full power to give deed or deeds in fee simple as fully as I could were I alive. I hereby give them five years after my death to sell and divide my estate as directed above.” Held, that the language of the will effected an equitable conversion of testator’s real estate from the time of his death.</p> <p>Pee Curiam. — There was such a blending of the real and personal estate by the testator in his will as clearly to show that he intended to create a fund out of both real and personal estate and to bequeath the fund as money; and perhaps there was a conversion by reason of an absolute necessity to sell in order to execute the tvill.</p>