Hannah v. Swarner
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Perry county. Sarah Hannah against William Swarner. Ejectment. On the 6th of April 1815, Joseph Smith died, having first, on the 6th of March 1815, made his last will and testament, by which he directed his executor to sell all his estate, real and personal, and out of the purchase money to pay certain legacies to his five children, and one grand-child.
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ERROR to the Common Pleas of Perry county. Sarah Hannah against William Swarner. Ejectment. On the 6th of April 1815, Joseph Smith died, having first, on the 6th of March 1815, made his last will and testament, by which he directed his executor to sell all his estate, real and personal, and out of the purchase money to pay certain legacies to his five children, and one grand-child. On the 5th of October 1818, the legatees under the will entered into an agreement to divide the real estate of the deceased among themselves, in parts proportioned to the amount of the legacies bequeathed to them…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The testator having directed his land to be sold, it must be considered as money. Equity considers land directed *231in wills or other instruments to be sold and converted into money as money, and money directed to be employed in the purchase of land as land. So land impressed with the character of money must remain so impressed, until some person elects to take it in its original character as land. 3 Whart. 65; 1 Meriv. 300. In the case before us, although the wife was not capable of changing the nature of the estate, because of coverture, and…
2Cases cited1 opinion
- Smith v. StarrSupreme Court of Pennsylvania · 1838
3Cited by6 opinions
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Duckworth v. Jordan.Supreme Court of North Carolina · 1905
- High v. WorleySupreme Court of Alabama · 1858
- Muchmore v. BuddSupreme Court of New Jersey · 1891
- Davis v. DavisSupreme Court of Pennsylvania · 1864
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