225 Pa. 355 | Pa. | 1909
Opinion by
The learned court below correctly disposed of this case and the authorities cited in its opinion fully warranted the court in awarding partition. The testator devised and bequeathed the residue of his estate, real and personal, to the Fidelity Insurance, Trust & Safe Deposit Company in trust to divide it into eight equal parts, and to hold each of said parts in trust to collect the rents of the real estate and to invest and keep invested the personal estate and collect the income thereof, and after paying the taxes, charges and expenses of the execution of the trust, to pay the balance of the income from each of the several parts in quarterly payments to each of the respective devisees and legatees named in the will for and during the term of his natural life, except the net income from one part thereof which was to be held for two of the testator’s grandchildren during their respective minorities, “and when my said two grandchildren shall respectively attain the age of twenty-one years, then in trust to pay, assign and convey to each of them the one-half part of the said one equal eighth part of my said residuary estate, so as aforesaid directed to be held
Another reason assigned by the appellant why the petitioner is not entitled to partition is that an equitable conversion of the realty into personalty results under the will of the testator which bars proceedings in partition. After devising his estate in trust and directing it to be divided into eight equal parts and held as above stated, the testator’s will provides as follows : “ In order to enable the said Fidelity Insurance, Trust and Safe Deposit Company, trustee of my said residuary estate, to make a division of the same into eight equal parts, as I have hereinbefore directed and to manage the same after division, I authorize and empower the said company from time to time to extinguish any of my ground rents and to make sales of my real estate at public or private sale at sueh times
The assignments of error are overruled and the decree of the court below is affirmed.