Scott's Estate
Superior Court of Pennsylvania
Appeal, No. 8, April T., 1908, by John H. Scott, from decree of O. C. Allegheny Co., Dec. T., 1906, No. 70, dismissing exceptions to adjudication in Estate of John Scott, deceased. Exceptions to adjudication.
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Appeal, No. 8, April T., 1908, by John H. Scott, from decree of O. C. Allegheny Co., Dec. T., 1906, No. 70, dismissing exceptions to adjudication in Estate of John Scott, deceased. Exceptions to adjudication. From the record it appeared that testator by his will directed as follows: “And I further will and direct that at any time after the decease of my wife, my said executors may be required by a majority of those having an interest therein to sell and dispose of all that portion of my real estate on which I now reside together with all the personal estate then having properly belonged to my…
1Opinion of the Court
Opinion by
Henderson, J.,
The question here is whether an equitable conversion was effected by the will of the testator at the time of his death or whether such conversion occurred when the real estate was sold by the direction of the surviving children. The presumption is against conversion, which is a legal fiction introduced on equitable principles to effectuate the intention of the testator. It is only to be resorted to when actually necessary to carry out the testamentary purpose. A direction to convert must be positive and the instrument resorted to must decisively fix on the land the…
2Cases cited12 opinions
- Fahnestock v. FahnestockSupreme Court of Pennsylvania · 1892
- Caldwell v. SnyderSupreme Court of Pennsylvania · 1896
- Jones v. CaldwellSupreme Court of Pennsylvania · 1881
- Anewalt's AppealSupreme Court of Pennsylvania · 1862
- Neely v. GranthamSupreme Court of Pennsylvania · 1868
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Tombs EstateSuperior Court of Pennsylvania · 1944
- Neumann's EstateSuperior Court of Pennsylvania · 1909
- Brown v. CommissionerUnited States Tax Court · 1953