Shaffer Estate

Opinion by

Mr. Justice Jones,

This appeal involves the will of George Shaffer, deceased, which was here before on an appeal from an order of the Court of Common Pleas of Allegheny County refusing partition of the testator’s real estate sought by three of his five named residuary devisees. See Shaffer v. Shaffer, 354 Pa. 517, 47 A. 2d 702. We there reversed, holding that the testamentary power of sale was discretionary and not mandatory; that, consequently, the will did not work a conversion of the decedent’s realty; and that partition properly lay.

The appellants are the same persons as before,…