Taylor v. Haskell

Citations

• 178 Pa. 106
• 35 A. 732
• 1896 Pa. LEXIS 1138

Syllabus

<p>Wills — Executors and administrators — Purchase of land by executor at his own sale.</p> <p>An executor who buys at his own sale, or gets another to buy for him, holds the land on the same trust that it was subject to before the sale.</p> <p>Wills — Conversion of land into money — Power of sale.</p> <p>To establish a conversion of land into money under a will the sale must be absolutely directed, irrespective of contingencies, and independent of discretion.</p> <p>Wills — Power of sale — Conversion—Purchase by executor at his own sale.</p> <p>A married woman owned a gristmill which her husband operated and managed. By her will she made specific bequest of her personal property. She disposed of the mill property which was incumbered by a mortgage, as follows: “The balance of my property to remain as it is under the care of my husband, he to carry on his business the same as if I was here, and to reap all benefits so long as he lives, my husband to have power to sell it at any time, and when sold and all debts of property paid, he to receive $2,000 of my money and balance to be put on interest under his care for my son Herbert. This is my will and to be carried out by my husband.” Two years and seven months after the death of testatrix the husband took out letters testamentary, and subsequently sold the mill property at auction to one who bought for the husband, and then conveyed to him. He did not pay his wife’s debt secured by the mortgage, nor put out the balance, after deducting the $2,000, for her son. After the husband’s death his administrators procured an order of the orphans’ court and sold the property to the defendants. The defendants went into possession, but on account of uncertainty of the title declined to accept a deed, or pay any part of the purchase money. Subsequently, the guardian of the son brought an ejectment against them. Held, (1) that there was no conversion of the land into money by the will; (2) that the sale was a sale to the husband an