Simmons's Estate

Citations

• 254 Pa. 231
• 98 A. 871
• 1916 Pa. LEXIS 711

Syllabus

<p>Decedents’ estates — Wills—Executors—Power to sell real estate —Sale by two of three executors — Equity—Injunction.</p> <p>1. Where a power to sell and convey real estate is vested in executors, all the executors whose renunciations are not of record must exercise the power and join in the conveyance.</p> <p>2. The equitable doctrine of conversion has never been extended so as to change the mode of conveying real estate; 'the conveyance must be made by a formal and duly executed deed in writing.</p> <p>3. Where one of several executors arbitrarily delays or prevents the sale of real estate which they are empowered by will to sell, a legatee or other party interested may invoke the assistance of the Orphans’ Court in requiring him to act.</p> <p>4. Where two of three executors under a will directing the conversion of testator’s real estate attempt to convey the same without the .concurrence and acquiescence of the third executor, who is living and has not filed a renunciation, such sale will be enjoined at the instance of a legatee. In such case the contention that the equitable conversion of the real estate operated so as to change the character of the real estate into personalty so that two of the executors could convey it, is without merit.</p>