Brolasky v. Gally's Executors
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia by Simon Brolasky, in the matter of Ann C. Gally’s estate. The following case was stated for the opinion of the court:— “ Ann Catharine Gaily, of Philadelphia, widow, deceased, by her will, dated October 5th 1858 and proved December 9th in the same year, provided, inter alia, as follows:— “ ‘ Whatever other property I may have at the time of my decease, whether real, personal or mixed, it is my will, and I do order, that the…
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Appeal from the Orphans’ Court of Philadelphia by Simon Brolasky, in the matter of Ann C. Gally’s estate. The following case was stated for the opinion of the court:— “ Ann Catharine Gaily, of Philadelphia, widow, deceased, by her will, dated October 5th 1858 and proved December 9th in the same year, provided, inter alia, as follows:— “ ‘ Whatever other property I may have at the time of my decease, whether real, personal or mixed, it is my will, and I do order, that the same he sold by my executrix and executor for its reasonable value, and the proceeds arising from the sale thereof shall be…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
This is a clear case of a devise to executors to sell, and operated as a conversion of the realty into money from the moment of the decease of the testatrix, and thus was the descent broken.
The words used are: “ And I order the same (the property real, personal and mixed) to be sold by my executrix and executor for its reasonable value, and the proceeds arising from the sale thereof shall be disposed of as hereinafter specified.” *513There is no discretion left in the executors, and none is to be found within the four corners of the will.…
2Cited by2 opinions
- Haak EstateSuperior Court of Pennsylvania · 1949
- McClellan's EstateSupreme Court of Pennsylvania · 1893