McClure's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Allegheny county: No. 148, to October and November Term 1872. The proceedings in this case arose upon the distribution of the estate of William McClure, deceased, who died in 1848, having made his will, dated July 6th 1844, as follows:— “ First. I will that all my just debts and funeral [expenses] shall be fully satisfied out of my personal estate.
Read the full summary
Appeal from the Orphans’ Court of Allegheny county: No. 148, to October and November Term 1872. The proceedings in this case arose upon the distribution of the estate of William McClure, deceased, who died in 1848, having made his will, dated July 6th 1844, as follows:— “ First. I will that all my just debts and funeral [expenses] shall be fully satisfied out of my personal estate. I will and bequeath to be paid to my wife, Jane, all my household and kitchen furniture, and the one-half of all my other personal property, and the whole of my real estate during her life, if she remain my widow.…
1Opinion of the Court
The opinion of the court was delivered, by
Williams, J.
— The rule is well settled, that land directed to be converted into money, or money into land, is to be regarded in equity as that species of property into which one or the other is so directed to be converted; and this rule obtains whether the direction is given by deed or will. But the direction to convert must be positive and explicit, irrespective of all contingencies and independent of all discretion. If the direction to sell is absolute, it is no exception to the rule that land directed to be sold and turned into money is to be…
2Cases cited2 opinions
- King v. KingSupreme Court of Pennsylvania · 1841
- State v. TurnerOhio Supreme Court · 1831
3Cited by49 opinions
- Newlin EstateSupreme Court of Pennsylvania · 1951
- Groninger's EstateSupreme Court of Pennsylvania · 1920
- Packer's EstateSupreme Court of Pennsylvania · 1914
- Riverside Trust Co. v. TwitchellSupreme Court of Pennsylvania · 1941
- Taylor v. TaylorSupreme Court of Iowa · 1902
44 more not listed; retrieve them via the Exa API.