Weeter's Estate

Citations

• 21 Pa. Super. 241
• 1902 Pa. Super. LEXIS 344

Syllabus

<p>Will — Conversion—Power to sell real estate.</p> <p>An absolute direction to sell lands after the death of testator’s widow and to divide the proceeds among his children, effects an equitable conversion thereof into personalty, and the interest of one of the children is not bound by a judgment against him before a sale, as real estate. This rule applies where the testator gives a power of sale over real estate to his widow, to whom he has given a life estate, and directs that if any of it remains unsold after her death, it shall be appraised, and the children given a choice to take it at the appraisement, the eldest son to have the first choice, and that if none of the children take it, the executors shall then sell it.</p> <p>Devise — Vested and contingent remainders — Attachment—Conversion.</p> <p>Where testator gives his real estate to his wife for life, coupled with a power to sell or dispose of any part of it, with remainder over to his children as to any part remaining unsold, with direction that if the children should not take the unsold part at an appraisement, the executors should sell it and divide the proceeds among the children, the latter take vested interests in the estate at the time of the testator’s death, subject to the life estate of the mother, and such interest is converted into personalty by the terms of the will, and is subject to attachment in the hands of the executors.</p>