Nagle's Appeal
Supreme Court of Pennsylvania
From tbe Orphans’Court of Philadelphia. April 1. — Fernster, by his will, proved in 1886, devised all his estate to his wife during widowhood; “ at her decease it is my desire, if the majority of my children be agreed, that my executors shall sell all my real estate, (the house in Market street excepted, which house I would not wish to be sold until three years after my wife’s decease, if the majority of my children be agreed,) and give unto my son John $500, money borrowed…
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From tbe Orphans’Court of Philadelphia. April 1. — Fernster, by his will, proved in 1886, devised all his estate to his wife during widowhood; “ at her decease it is my desire, if the majority of my children be agreed, that my executors shall sell all my real estate, (the house in Market street excepted, which house I would not wish to be sold until three years after my wife’s decease, if the majority of my children be agreed,) and give unto my son John $500, money borrowed from him.” He then directed his executors to give $500 to each of his seven children, out of the proceeds of his real…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
The authorities, English and American, referred to by the auditor in his report, fully justify the conclusions he attained, under the aspect the case assumed when before him. Indeed, Henry vs. McCloskey, in its features and the obj ect of the contest very like the present controversy, would seem to leave no room to question the immediate applicability of the principle, that equitable conversion only takes place where a deed or will, positively and absolutely directs a sale of realty; and this cannot be where the exercise of the power is made to…
2Cases cited2 opinions
- Case of Walker's EstateSupreme Court of Pennsylvania · 1832
- Boshart v. EvansSupreme Court of Pennsylvania · 1840
3Cited by5 opinions
- Tombs EstateSuperior Court of Pennsylvania · 1944
- Painter v. PainterSupreme Court of Pennsylvania · 1908
- Scott's EstateSuperior Court of Pennsylvania · 1908
- Brown v. CommissionerUnited States Tax Court · 1953
- Lloyd's EstatePennsylvania Orphans' Court, Cambria County · 1924