Searight's Estate

Citations

• 163 Pa. 218
• 29 A. 746
• 1894 Pa. LEXIS 1168

Syllabus

<p>’ Will—Distribution—Real estate—Income.</p> <p>A testator, having- large assets and also large liabilities, directed as follows : “ I hereby authorize and empower my executors hereinafter named to keep my estate intact and undistributed for a period of five years after my decease if they see fit so to do. Within said period of five years I empower my said executors to sell and convey my real estate for the purpose of raising money and to mortgage or in any way encumber or pledge either my personal or real estate for the purpose of borrowing money if they see fit so to do. I empower my executors at any time before final settlement of my estate to sell and convey any or all of my real estate, wheresoever situate, for the purpose of payment of my debts, if they see fit so to do.” Testator directed that at the end of the five years his estate should be divided among his widow and children in the proportions to which they would be entitled under the intestate laws. Held, that the widow and children were not entitled to the income of the real estate during the five years..</p>