Appeal of Philadelphia
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county: Of July Term, 1885, No. 121. Appeal of the City of Philadelphia, trustee under the will of Stephen Girard, guardian of the estate of John M. Eisler, a minor, from the final decree of the Orphans’ Court of Philadelphia County, in the estate of Jacob F. Silber, deceased, sustaining exceptions to the adjudication of the Auditing Judge, in the distribution of the funds in the hands of the executrix as per her account filed.
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Appeal from the Orphans’ Court of Philadelphia county: Of July Term, 1885, No. 121. Appeal of the City of Philadelphia, trustee under the will of Stephen Girard, guardian of the estate of John M. Eisler, a minor, from the final decree of the Orphans’ Court of Philadelphia County, in the estate of Jacob F. Silber, deceased, sustaining exceptions to the adjudication of the Auditing Judge, in the distribution of the funds in the hands of the executrix as per her account filed. The following are the facts of the case as they appeared before the Auditing Judge, Hanna, P. J. On March 17th, 1877,…
1Opinion of the CourtJustice Paxson
We are of opinion that the will of Jacob F. Silber worked a conversion of his real estate. By the fourth item of said will the testator said: “I desire all my other estate, real, personal or mixed, shall, as soon after my decease as practicable, be sold, and the proceeds arising therefrom be invested in first bonds and mortgages,” &c., &c. We regard this as a direction to sell. The words “ I desire ” are the equivalent of the words “ I will ” that my real estate shall be sold, &c., while the added words, “ as soon after my decease as practicable,” left no discretion to his executors excepting…
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