Schoen's Estate

Opinion by

Mr. Justice Kephart,

The sole question in this appeal is whether there was a conversion of realty into personalty, whereby the widow took an absolute estate in all the property. By the will of Charles T. Schoen, his wife was to receive “such portion of my estate and in such manner as she would be entitled to receive under the intestate laws had I died intestate.” The court below found there was not sufficient personalty to meet subsequent bequests, hence there was an implied conversion, arising from an absolute necessity to sell to execute the will; and, further, there was a fund…