Yerkes v. Yerkes

Citations

• 200 Pa. 419
• 50 A. 186
• 1901 Pa. LEXIS 511

Syllabus

<p>Will— Conversion—Equitable conversion.</p> <p>The doctrine of equitable conversion is based on the rule that what is to be, or ought to be done shall be treated as if done already. It is a fiction therefore invented to sustain and carry out the intention of the testator or settlor, never to defeat it. Its application requires constant watchfulness to guard against the tendency to become a formal rule de jure without regard to its real purpose and necessity. It should never be overlooked that there is no real conversion, the property remains all the time in fact realty or personalty as it was, but for the purpose of the will so far as it may be necessary, and only so far, it is treated in contemplation of law as if it had been converted.</p> <p>The presumption, no matter what the form of words used, is always against conversion, and even where it is required it must be kept within the limits of actual necessity.</p> <p>Testator gave his entire estate to his widow for life, “ she paying all taxes, water rent, and expenses of repairing to keep the estate in good and tenantable order.” He added a proviso that if his widow should remarry, she should have only the net income of one third. He then directed as follows: “My will is that immediately after the death of my said wife, or if she should marry, or as soon as it might be to the advantage to sell it at a fair price, I order and direct my three children, or the survivor or survivors of them .... to sell all of my said real estate, .... subject to the right to their mother therein and the net proceeds of such sale or sales to be divided between them share and share alike, as tenants in common and not as joint tenants; and my will is to be understood to include all my said estate, real, personal and mixed, whatsoever and wheresoever, that I now have or hereafter may have, and die seized or possessed of at the time of my decease, and to be divided share and share alike between my said children, and to the respective h