McClarren's Estate
Supreme Court of Pennsylvania
Appeal, No. 183, Oct. T., 1912, by Alexander Heilman, from decree of O. O. Armstrong CO., March T., 1911, No. 14, dismissing exceptions to auditor’s report in Estate of P. F. McClarren, deceased. Exceptions to report of C. E. Harrington, Esq., auditor. Reed, P. J., specially presiding, filed the following opinion: This is a contest on distribution between the creditors of George K. McClarren, who is one of the legatees under the will of P. F. McClarren, deceased.
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Appeal, No. 183, Oct. T., 1912, by Alexander Heilman, from decree of O. O. Armstrong CO., March T., 1911, No. 14, dismissing exceptions to auditor’s report in Estate of P. F. McClarren, deceased. Exceptions to report of C. E. Harrington, Esq., auditor. Reed, P. J., specially presiding, filed the following opinion: This is a contest on distribution between the creditors of George K. McClarren, who is one of the legatees under the will of P. F. McClarren, deceased. His distributive share of the proceeds of the real estate sold is claimed by his judgment creditors, and the dispute between them…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
In Severn’s Estate, 211 Pa. 65, 68, it is said: “We, therefore, have in the will an authority given to the executrix to sell and a direction to divide the proceeds of the sale in equal shares among the three legatees. In order to carry out the provisions of the will and make that distribution of the proceeds of the property, a sale of the real estate becomes imperative and is an absolute necessity. This, as appears from the authorities cited above, meets the requirements of our cases and operates as an equitable conversion.”
Applying this doctrine, sustained by…
2Cases cited4 opinions
- Fahnestock v. FahnestockSupreme Court of Pennsylvania · 1892
- Roland v. MillerSupreme Court of Pennsylvania · 1882
- Severns's EstateSupreme Court of Pennsylvania · 1905
- Brandon v. MckinneySupreme Court of Pennsylvania · 1912
3Cited by7 opinions
- Robinson v. PierceSupreme Court of Pennsylvania · 1924
- Tombs EstateSuperior Court of Pennsylvania · 1944
- Bidelman EstateSupreme Court of Pennsylvania · 1948
- Hadesty v. HadestySupreme Court of Pennsylvania · 1938
- Bahn's EstateSuperior Court of Pennsylvania · 1914
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