Neumann's Estate
Superior Court of Pennsylvania
Appeal, No. 40, Oct. T., 1909, by Helen G. Mnletter, from decree of O. C. Phila. Co., Jan. T., 1891, No. 27, dismissing exceptions to adjudication in Estate of Joseph Neumann, deceased. Exceptions to adjudication. Testator gave all of his estate, real and personal, to his widow and daughter for their lives and the life of the survivor of them. On their death $25,000 in five legacies of $5,000 each was given to certain charitable institutions.
Read the full summary
Appeal, No. 40, Oct. T., 1909, by Helen G. Mnletter, from decree of O. C. Phila. Co., Jan. T., 1891, No. 27, dismissing exceptions to adjudication in Estate of Joseph Neumann, deceased. Exceptions to adjudication. Testator gave all of his estate, real and personal, to his widow and daughter for their lives and the life of the survivor of them. On their death $25,000 in five legacies of $5,000 each was given to certain charitable institutions. Testator further directed as follows: “ Sixth. Two-thirds of the balance of my estate, after the death of my wife and daughter, I give and bequeath to…
1Opinion of the Court
Opinion by
Henderson, J.,
It has frequently been said that a conversion under a will only takes place when (first) there is a positive direction to sell, or (second) an absolute necessity to sell for the purpose of carrying out the provisions of a will, or (third) such a blending of real and personal estate by the will as clearly discloses an intention on the part of the testator to create a fund out of both real and personal property which he bequeaths as money: Hunt’s App., 105 Pa. 128; Irwin et al. v. Patchen, 164 Pa. 51; Cooper’s Est., 206 Pa. 628; Scott’s Est., 37 Pa. Superior Ct. 198.…
2Cases cited5 opinions
- Irwin v. PatchenSupreme Court of Pennsylvania · 1894
- Hunt's AppealsSupreme Court of Pennsylvania · 1884
- Cooper's EstateSupreme Court of Pennsylvania · 1903
- Vanuxem's EstateSupreme Court of Pennsylvania · 1905
- Scott's EstateSuperior Court of Pennsylvania · 1908
3Cited by3 opinions
- Sultner's EstateYork County Orphans' Court · 1947
- Brinkerhoff v. Martin, Pennsylvania Court of Common Pleas, Cumberland County1936
- Bromiley's EstatePennsylvania Orphans' Court, Philadelphia County · 1936