61 A.2d 870 | Pa. | 1948
These appeals are from an orphans' court decree in partition of a lot, 20 by 90 feet, containing a two story business building and known as 109 East State Street, Sharon, Mercer County, Pennsylvania. The land was owned by John Koehler, who, at the time of his death January 10, 1947, was domiciled in the State of Ohio where his will has been probated. The parties agree and therefore we assume that his will is valid by the law of Ohio. At the time of his death he owned personal property in Ohio and the real property in Sharon, Pennsylvania. He directed his executor to sell all his property except what was given in items III and V of his will and what was already invested in government bonds. He gave his residuary estate to a trustee to pay the income to the appellant charity, subject to the payment of one-half the income to Michael Molnar for life.1 He died within *462
thirty days after executing his will. At that time the law of Pennsylvania provided that a will executed within that period could pass "No estate, real or personal . . . to any person in trust for . . . charitable uses . . ." [Section 6,2 Wills Act of 1917, P. L. 403, 20 PS 195; Moore v. Gilbert,
The appeals are based on the contention that testator's direction to sell the land converted it into personalty, distributable at the place of his domicile in Ohio, with the result that he left no land in Pennsylvania to to be partitioned.
The effect of testamentary language disposing of land in Pennsylvania must be determined by the law of Pennsylvania: Restatement, Conflict of Laws, sec. 249; 2 Beale, Conflict of Laws, sec. 249.1; see Pepper's Estate,
It must be agreed that if the land had been devised direct to the appellant charity the devise would have been void under the Wills Act (Moore v. Gilbert, supra.); appellant has not suggested any good reason for a different *464 construction of the Act where the testator directs the land to be sold and the proceeds or the income from the proceeds to be given to the charity. As testator's will gave the appellant charity no interest in his Pennsylvania real estate and as Molnar has not challenged the decree by appeal, it is unnecessary to deal with questions concerning conversion suggested in the argument.
Decree affirmed at appellants' costs.
"Item VII. I hereby make, nominate, constitute and appoint William B. Nicol, attorney at law of Cleveland, Ohio, to be the executor of this My Last Will and Testament. I hereby direct, order, authorize and empower my said executor to sell and convert my entire real and personal estate, except the specific bequests enumerated in Item V and except such U.S. Government Bonds as I may own at the time of my death, into cash; hereby authorizing and empowering my said executor to sell for cash at private or public sale at such prices as he may deem best, the whole or any part of my real or personal property (except bequests in Item V and the aforesaid U.S. Government Bonds) and to execute, acknowledge and deliver deeds and other proper instruments of conveyance thereof to the purchaser or purchasers."
