DocketNumber: Appeal, No. 139
Citation Numbers: 63 Pa. Super. 171
Judges: Henderson, Kephart, Orlady, Trexler, Williams
Filed Date: 5/8/1916
Status: Precedential
Modified Date: 2/18/2022
Opinion by
It was held in Reed’s Est., 237 Pa. 125, opinion by Mr.
The will of Lloyd G. Eeed makes no provision for a conversion.
The fund in dispute is the proceeds of real estate sold after the death of Lloyd G. Eeed by the executors of Charles M. Eeed under the provisions of his will; it is a part of that which the Supreme Court in Seed’s Estate, supra, said passed as real estate to Lloyd G. Seed.
The question therefore is, does the widow of Lloyd G. Eeed under his will take her interest in this fund as personalty getting one-third thereof absolutely or does she take it as real estate getting but one-third thereof for life.
The court below upon exceptions to the auditor’s report, held that she took it as real estate and in this we think, the court was clearly right: It was real estate vested in Lloyd G. Eeed at the time of his decease and passes as such under his will. The fact that it was sold after his decease does not change its character.
The appeal is dismissed.