Henderson v. Henderson
Pennsylvania Court of Common Pleas, Delaware County
No. 125 July Term 1889, Sup. Ct.; court below, number and term not given. The sheriff having paid into court a fund arising from the sale of certain real estate as the property of Alvin P. Henderson, the court below appointed Mr. Qeorge JE. Darlington, auditor, to distribute said fund.
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No. 125 July Term 1889, Sup. Ct.; court below, number and term not given. The sheriff having paid into court a fund arising from the sale of certain real estate as the property of Alvin P. Henderson, the court below appointed Mr. Qeorge JE. Darlington, auditor, to distribute said fund. The auditor reported, finding the following facts: On December 26, 1882, the will of Robert D. Henderson, deceased, was duly admitted to probate and letters testamentary issued to William B. Broomall, the executor thereby appointed. By said will the testator devised certain real estate to his executor, in trust…
1Opinion of the Court
*408Opinion,
Me. Justice Clark:
By the last will and testament of Robert D. Henderson, deceased, dated November 8, 1880, his real estate was devised to William B. Broomall, the executor, to be by him sold, and the proceeds thereof, together with the rest and remainder of the testator’s estate, divided among his children in equal shares. The power to sell is not contingent or discretionary; it is absolute and imperative. The provision for his children is a bequest of the proceeds, not a devise of the land, the title to which w'as in his executor. The devise to his executor, with this power and…
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