Legal Opinion

Kessler's Estate

Supreme Court of Pennsylvania

Decided April 21, 1919No. Appeal, No. 253PublishedCited by 3 opinions

Appeal, No. 253, Jan. T., 1919, by John H. Heiss, from decree of O. C. Philadelphia Co., April T., 1904, No. 463, dismissing exceptions to adjudication in Estate of Thomas Kessler, deceased.

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Appeal, No. 253, Jan. T., 1919, by John H. Heiss, from decree of O. C. Philadelphia Co., April T., 1904, No. 463, dismissing exceptions to adjudication in Estate of Thomas Kessler, deceased. Exceptions to adjudication by Gest, J. From the record it appeared that Thomas H. Kessler died on May 2,1904, leaving a will and codicils, by which he devised and bequeathed his residuary estate to his executors in trust to pay the income to his wife, Clara E. Kessler, for the term of her life, and upon her decease to pay the income to his brother, George F. Kessler, if living, for the term of his life,…

1Opinion of the Court

Per Curiam,

During the continuance of the trust for the benefit of the widow and brother of the testator the sale of his real estate was within the discretion of his executors, but his unqualified direction was that upon the death of the survivor of them, they should sell it for the purpose of distribution. That this converted it into money is beyond question, and it was so properly distributed by the court below: Laird’s App., 85 Pa. 339; Dull’s Est., 222 Pa. 208.

Appeal dismissed and decree affirmed at appellant’s costs.

2Cases cited2 opinions

  1. Laird's AppealSupreme Court of Pennsylvania · 1877
  2. Dull's EstateSupreme Court of Pennsylvania · 1908

3Cited by3 opinions

  1. Lloyd's EstateSupreme Court of Pennsylvania · 1924
  2. Gibson v. McBurneySupreme Court of Pennsylvania · 1960
  3. Hackett's EstatePennsylvania Orphans' Court, Philadelphia County · 1942

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