Horner's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Greene county, in the matter of the distribution of the estate of William Erwin, deceased.
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Appeal from the decree of the Orphans’ Court of Greene county, in the matter of the distribution of the estate of William Erwin, deceased. No. 152, to October and November Term !867. William Erwin, Sr., by his will proved February 8th 1842, directed that his widow- should have his real estate for life, and at her death it should be sold and divided as follows:— “ Lewis Erwin, his son, to have one-half as much as one of his daughters ; Mary and Maria, his daughters, and William Erwin, his son, to have equal shares, and it is the will of the father that his son William Erwin shall have one…
1Opinion of the Court
The opinion of the court was delivered, January 7th 1868, by
Agnew, J.
It may be conceded that the will of William Erwin converted his real estate into personalty, so- far as it relates to the interests of his children in the proceeds of sale directed to be made at the death or- marriage of his widow : Allison’s Executors v. Wilson, 13 S. & R. 333; Morrow v. Brenizer, 2 Rawle 185 ; Brolaskey v. Gally’s Executors, 1 P. F. Smith 509. But this conversion is a doctrine of equity to effectuate the purposes of the testator : Craig v. Leslie, 3 Wheat. 563.
The principle is, that equity regarding the…
2Cases cited4 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Morrow ex rel. Isett v. BrenizerSupreme Court of Pennsylvania · 1828
- Rice v. BixlerSupreme Court of Pennsylvania · 1841
- Sherban v. CommonwealthSupreme Court of Pennsylvania · 1839
3Cited by2 opinions
- Mellon v. ReedSupreme Court of Pennsylvania · 1888
- Estate of DuttonSupreme Court of Pennsylvania · 1897