Rieder v. Miller

Citations

• 68 Pa. Super. 529
• 1917 Pa. Super. LEXIS 165

Syllabus

<p>Wills — Power of sale — Power to mortgage — Life estate — Executors and administrators.</p> <p>Where a testator having full knowledge that his personal estate would be ample for the payment of his debts, directs in his will that his debts .and funeral expenses shall be paid, and then gives the residue of his estate, without regard to its character, to his wife for life with remainder over to his children, and appoints his wife and a daughter executrices, with authority and power to sell part or all of his estate real or personal, and to execute to the purchasers thereof “good or sufficient deed, or deeds in fee simple, or for any less estate,” the widow and the daughter may in the former’s lifetime execute a valid mortgage- of the real estate. In such a case the testator’s purpose was to give to his executrices the discretionary power to make the life estate of his wife as valuable to her during her lifetime as the conditions of his property might require: Schenck v. Clyde, 53 Pa. Superior Ct. 652, explained and distinguished.</p>