Smith's Estate

Henderson, J.,

After a careful study of the adjudication and of the briefs of counsel, we have reached the conclusion that the auditing judge was correct in his rulings and for the reasons given by him.

The question of conversion is ruled by our recent case of Dieterich’s Estate, 16 D. & C. 733. The principle involved is well stated in Nelson’s Estate, 278 Pa. 416 (1924), cited in the exceptant’s brief: There must be “such blending of real and personal estate as to show a clear intention to create a fund out of both and bequeath the same as money. . . .”

The instant will gives and devises all…