Sullivan v. Kieffer

Citations

• 122 Pa. 135
• 22 W.N.C. 464
• 15 A. 673
• 1888 Pa. LEXIS 601

Syllabus

<p>(a.) A testator’s will directed the conversion of Ms estate real and personal into money and disposed of the whole of it in shares, a portion being given to his wife for life with remainder over. The widow, however, refused to take under the will. (6.) The executors sold and conveyed the real estate without any condition or charge protective of the principal securing the widow’s estate; and, after the death of the widow, the heir at law sued the terre-tenant to recover said principal: Held,</p> <p>1. That the estate accepted by the widow being but her statutory estate which necessarily ceased at her death, her election not to take under the will did not create an intestacy as to the portion bequeathed to her, entitling the plaintiff to recover.</p> <p>2. That it was of no moment that an intermediate vendor of the land, had in Ms-contract of sale left the principal securing the widow’s interest in the hands of Ms vendee.</p> <p>3. That the conveyance of the land hv the executors passed to the pur_ chaser a title unincumbered except by liability for the widow’s estate during her life, and at her death no charge remained upon the land.</p>