Scott's Estate

Citations

• 37 Pa. Super. 198

Syllabus

<p>Will — Conversion—Presumption—Blending of real and personal estate.</p> <p>The presumption is against conversion by will, which is a legal fiction introduced on equitable principles to effectuate the intention of the testator. It is only to be resorted to when actually necessary to carry out the testamentary purpose. A direction to convert must be positive and the instrument resorted to must decisively fix on the ■land the quality of money. The direction to sell must be imperative ■and explicit. If it be contingent on the election or consent of the legatee ■or devisee or other person than the executor, such power of sale does not work a conversion, even where the will provides for a payment of legacies and distribution of the remainder of the fund. And this is so although the contingency on which the sale depends may never arise.</p> <p>■ Testator directed “that at any time after the decease of my wife, my said executors may be required by a majority of those having an interest therein to dispose of all that portion of my real estate on which I now reside, together with all the personal estate then having properly belonged to my said wife, and divide the proceeds of such sale in manner and proportion as follows:” He further directed that if his wife died prior to his youngest son arriving “at the age of twenty-one years, sái’d sale and distribution shall not take place until that period shall have arrived.” Held, that the direction to sell did not operate to produce a conversion at- the death of the testator, and no conversion •occurred until the real estate was sold by the direction of a majority of the surviving children.</p>