Sauerbier's Estate

Citations

• 202 Pa. 187
• 51 A. 751
• 1902 Pa. LEXIS 493

Syllabus

<p>Will — Conversion—Real estate — Partition.</p> <p>Testator by his will gave a house and lotto his wife for life, and charged a certain annual amount on two other properties for her use. He further directed in his -will as follows: “I direct and order my executor to sell my real and personal property what is not in the dower aforesaid.” He also directed that in ease his executor should not sell the real estate charged with the dower before the decease of the wife, the executor should collect the rents. By a codicil he provided that the real estate which had been devised to his wife or charged in her favor, should not be sold within five years after his decease, and then only if his executor should deem it advisable, he then continued: “ I do hereby authorize and empower my said executrix to sell at public or private sale, the said real estate, at her discretion, after the expiration of five years from my decease. ... I order and direct that as soon after my decease as in the judgment of my said executrix it shall be practicable, she shall sell at public or private sale, all my real estate not located ” as above. Held, that there was no conversion of the real estate devised for life to his wife, or charged in her favor, and as to .it partition proceedings might be maintained.</p>