Bleight v. Manufacturers' & Mechanics' Bank
Supreme Court of Pennsylvania
In error from the District Court of Philadelphia. March 9. Sarah Forrest and others being seised of lands by devise, -subject to an annuity, conveyed the premises now in question to Fisher and Fox, in trust to let the premises and receive the rents, and, after paying taxes, with the residue to pay a certain part of the annuity above mentioned; or to sell and dispose of the premises, and to convey to the purchasers in fee-simple; “and, if sold during the lifetime of the…
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In error from the District Court of Philadelphia. March 9. Sarah Forrest and others being seised of lands by devise, -subject to an annuity, conveyed the premises now in question to Fisher and Fox, in trust to let the premises and receive the rents, and, after paying taxes, with the residue to pay a certain part of the annuity above mentioned; or to sell and dispose of the premises, and to convey to the purchasers in fee-simple; “and, if sold during the lifetime of the annuitant, then to place out and continue at interest the nett proceeds of the sale; and the interest arising thereon, when…
1Opinion of the CourtRogers, J.
It is by no means clear that the deed of trust was intended for any other purpose than to secure the payment of the annuity of Elizabeth Dunlap, under the will of her late husband. If granted for this special purpose, on the death of the annuitant the power to sell ceases; for the cause of sale ceasing, the authority to sell must cease likewise: Smith v. Folwell, 1 Bin. 546. But be this as it may, was there a conversion of the real estate into personalty? In order to change real into personal estate, it is essential that the direction to convert be positive and explicit; that the will, if it…
2Cases cited1 opinion
- Lessee of Smith v. FolwellSupreme Court of Pennsylvania · 1809
3Cited by5 opinions
- Sheridan v. Sheridan, Pennsylvania Court of Common Pleas, Philadelphia County1890
- Sill v. BlaneySupreme Court of Pennsylvania · 1893
- Scott's EstateSuperior Court of Pennsylvania · 1908
- Bartlett v. GillDistrict Court, D. Massachusetts · 1915
- Lloyd's EstatePennsylvania Orphans' Court, Cambria County · 1924