4 Pa. 88 | Pa. | 1846
after stating the case. At the time of making his will, it was the intention of the testator that the house and lot which he directed his executors to sell should remain his property until after his death; and that the funds produced by the sale should afford the means of paying his funeral expenses, all his just debts, and the legacies bestowed upon five of his children. He thought proper afterwards to sell thé house and lot himself. But how long previous to his death, or when his will was dated, does not appear by the evidence furnished to this court. ■
By the sale of the property, the- testator rendered it impossible for his executors to carry out the. provisions and clear intent of the will. This is not a case where a -testator having himself sold a part of his real estate, previous to his death, left sufficient remaining to carry his intention into effect, except so far as he had anticipated that intention by arrangements of his'own. ' In such cases a sale of land operates as revocation only pro tanto. But in this it is impossible to execute the will according to his intent. Whether his necessities compelled him, or a change of mind in relation to the disposition of his estate induced him. to sell his property himself, he must have perceived that he was rendering the provisions of the will invalid; that he ’was sweeping away the very foundation on which
The decree of the Orphans’ Court is reversed, and the clerk of this court is directed to make the following entry in the cause':
It is ordered and decreed by the court that the decree of confirmation of the administration account of John Glenn and William Noble, executors of Joseph Cooper, deceased, be reversed,- and that the said executors settle an administration account, under the direction of the register of Alleghany county, of the goods and chattels of the deceased, which came to their hands in the- same manner as if the said Joseph Cooper had died intestate.