Seeds v. Burk
Supreme Court of Pennsylvania
Appeal, No. 598, Jan. T., 1896, by defendants, from judgment of C. P. Delaware Co., Sept. T., 1896, No. 74, on verdict for plaintiffs. Assumpsit on a bond. Before Clayton, P. J. At tbe trial it appeared that Maggie Mcllvain died on July 1, 1891, seized in fee of certain lands in tbe county of Delaware.
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Appeal, No. 598, Jan. T., 1896, by defendants, from judgment of C. P. Delaware Co., Sept. T., 1896, No. 74, on verdict for plaintiffs. Assumpsit on a bond. Before Clayton, P. J. At tbe trial it appeared that Maggie Mcllvain died on July 1, 1891, seized in fee of certain lands in tbe county of Delaware. She made and executed a last will and testament, which was as follows: “I, Maggie Mcllvain, of tbe city of Chester, county of Delaware, and state of Pennsylvania, being of sound and disposing mind, memory and understanding, do make and publish this my last will and testament, hereby revoking…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
In Cadbury v. Duval, 10 Pa. 265, it was ruled that a purchaser, under an absolute testamentary direction to sell land, was bound to see -to the payment of scheduled debts because he had notice; but that he was not bound to see to the payment of general debts because other means for the satisfaction of that class of claims were-provided by statute. In contemplation of law, conversion takes place immediately on testator’s death, and claims which were not then liens on his land attach to the *289proceeds as personal estate and become payable as in ordinary course…
2Cases cited3 opinions
- Cadbury v. DuvalSupreme Court of Pennsylvania · 1849
- Taylor v. HaskellSupreme Court of Pennsylvania · 1896
- Drayton's AppealSupreme Court of Pennsylvania · 1869
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- Dickensheet v. Chouteau Mining Co.Missouri Court of Appeals · 1918
- Incorporated Town of Corydon v. PostonSupreme Court of Iowa · 1920
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