Reed v. Mellor

Citations

• 122 Pa. 635
• 16 A. 80
• 1888 Pa. LEXIS 638

Syllabus

<p>(a) By the express words of a will, proved in 1860, land was devised to the executor with absolute direction to sell and pay the proceeds to the testators widow “to be held by her as guardian of our children and used in such judicious manner as she may deem most beneficial to herself and said children.”</p> <p>(&) The will also appointed the widow sole guardian of the children, and authorized the executor to sell “ such portions of my real estate as he may deem it most to the interest of my said estate,.....on terms of four equal annual payments, with the usual interest.</p> <p>(c) In 1861, in consideration of one dollar and the fact that the widow under said will was the “sole devisee, except certain exceptions therein contained,” the executor conveyed the land to the widow, who in 1877, all the testator’s children then being of age, conveyed to one of them, a sou, who had gone into possession in 1873 and made valuable improvements.</p> <p>1. In such ease the deed from the executor vested the legal title in the widow, and though under the will she held the laud in trust, it was as personalty only, and she was free to dispose of it as she pleased, accounting at the proper time for its proceeds or its value.</p> <p>2. The deed from the widow to her son was a conveyance of the legal title to him, and his subsequent mortgage or conveyance thereof passed to his grantee a title unaffected by the trust in favor of the children.</p> <p>3. The parties in interest might have elected to forego a sale under the provisions of the will, and to take the land in lieu of the proceeds, but this right could not be asserted after the title was conveyed to the son and his subsequent mortgage thereof.*</p>