Legal Opinion

Biggert's Estate

Supreme Court of Pennsylvania

Decided October 25, 1852PublishedCited by 3 opinions

Appeal from the decree of distribution by the Orphans’ Court 'of Westmoreland county. This was an appeal by Thomas J. Keenan, from a decree of distribution of a balance on the account of James Keenan, administrator de bonis non of the estate of John Biggert, deceased. The question in the case was, whether the real estate of John Biggert was converted into personal estate at the death of Elizabeth Holland, who was one of his daughters.

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Appeal from the decree of distribution by the Orphans’ Court 'of Westmoreland county. This was an appeal by Thomas J. Keenan, from a decree of distribution of a balance on the account of James Keenan, administrator de bonis non of the estate of John Biggert, deceased. The question in the case was, whether the real estate of John Biggert was converted into personal estate at the death of Elizabeth Holland, who was one of his daughters. If it were then personal estate, her husband, James Holland, was entitled, on her death, to her share of the money, and it was liable to disposition under his…

1Opinion of the Court

The opinion of the Court was delivered, by

Lewis, J.

A conversion of real into personal estate, by act of the law, differs from a conversion by act of the party. In the latter case, where conversion is the object of the owner, the result is produced as soon as a contract of sale is made. In the former, where payment of debts, or partition, and not conversion, is the object, the transmutation is but an unavoidable result of the proceeding, and takes place only when the estate is completely vested in the vendee and the purchase-money paid or secured. In proceedings in the Orphans’ Court for the…

2Cases cited1 opinion

  1. Biggert v. BiggertSupreme Court of Pennsylvania · 1838

3Cited by3 opinions

  1. Scott v. Waynesburg Brewing Co.Supreme Court of Pennsylvania · 1917
  2. Behrens v. MountzSuperior Court of Pennsylvania · 1908
  3. Brennan's EstateSupreme Court of Pennsylvania · 1908

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