Burnett v. Witschief

The testator gave the residue of his estate to his widow for life. At her death the remander was to be converted into cash and the proceeds divided as directed. The executors were given power of sale. They sold a piece of real estate for which they took in payment a purchase-money mortgage. They foreclosed the mortgage and bought back the property to save themselves. After seven years they again sold it at an increase over the price of the first sale. The widow now claims that the increase should be apportioned between her and the remaindermen based upon the sum of the interest that would…