Pennell's Appeal
Supreme Court of Pennsylvania
Appeal by Edward W. Pennell et al., from the decree of the Orphans’ Court of Philadelphia county, in the matter of the account of David Hartley, guardian of Henry Carlton Hartley, a minor, deceased. Henry Carlton Hartley was an only child. His mother, before her marriage with his father (the accountant) had inherited from her grandfather certain real estate in Philadelphia.
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Appeal by Edward W. Pennell et al., from the decree of the Orphans’ Court of Philadelphia county, in the matter of the account of David Hartley, guardian of Henry Carlton Hartley, a minor, deceased. Henry Carlton Hartley was an only child. His mother, before her marriage with his father (the accountant) had inherited from her grandfather certain real estate in Philadelphia. For the recovery of this estate, she and her husband together brought ejectment ; but she died, pending the suit, when her child was three years old. After her death- the property was recovered by the husband. On the 19th…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, J.
The general rule is that if land be sold for a specific purpose, the surplus money shall, as between the heirs and next of kin, be considered as land, so far as to vest in the persons who would have been entitled to it had it remained unconverted. But, after it has so vested in the persons entitled, it is to be treated as money in his hands, and, in case of his subsequent death, goes to his personal representatives, as personal estate. It cannot retain its original character for ever. It has no ear-mark by which it 'can be distinguished from…
2Cases cited1 opinion
- Biggert v. BiggertSupreme Court of Pennsylvania · 1838
3Cited by2 opinions
- Wolfe v. Lewisburg Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1931
- In re the Estate of MatousNew York Surrogate's Court · 1967