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" Such a blending of real and personal estate by the testator in his will as to clearly show that he intended to create a fund out of both real and personal estate, and to bequeath the said fund as money. "
The Atlantic Reporter - Page 215
1901
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Albany Law Journal, Volume 30

Law - 1885 - 550 pages
...positive direction to sell, or (2d) an absolute necessity to sell in order to execute the will, or (3d) such a blending of real and personal estate by the...that he intended to create a fund out of both real aud personal estate, and to bequeath the said fund as money. In each of the two latter caaes an intent...
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Albany Law Journal, Volume 11

Law - 1875 - 438 pages
...was not a conversion. A conversion may arise without express words, when the testator clearly intends to create a fund out of both real and personal estate, and bequeath in money alone . Ib. 3. Domicile. — In distributing the testator's estate in New Jersey,...
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The Central Law Journal, Volume 90

Law - 1920 - 496 pages
...absolute necessity to sell In order to execute a will, or such a blending of realty and personalty by the testator In his will as to clearly show that...both real and personal estate, and to bequeath the same as money, but a bare power of sale, like a discretionary power, does not work a conversion until...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volume 40

Law reports, digests, etc - 1897 - 642 pages
...sell; or (2) An absolute necessity to sell in order to execute the will; or, (3) Such a blending of the real and personal estate by the testator in his will...personal estate, and to bequeath the said fund as money. 1. There is here no positive direction in this will to sell. 2. An absolute necessity to sell in order...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volume 11

Law reports, digests, etc - 1882 - 634 pages
...that although conversion may arise, without express terms where it is clear that the testator meant to create a fund out of both real and personal estate, and bequeath it as money, yet the whole frame of the will, especially the fourth item, indicated no more...
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The York Legal Record, Volume 7

Law - 1894 - 250 pages
...will be implied where there is either an absolute necessity to sell in order to execute the will, or such a blending of real and personal estate by the...create a fund out of both real and personal estate and did bequeath said fund as money. Under this will your auditor finds, that inasmuch as the testator,...
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The Lancaster Law Review, Volume 36

Law - 1919 - 310 pages
...absolute necessity to sell in order to execute the will, or such a blending of realty and personalty, by the testator, in his will, as to clearly show that...both real and personal estate, and to bequeath the same as money. A bare power of sale does not work a conversion until exercised." If, then, this land...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volume 14

Law reports, digests, etc - 1884 - 628 pages
...positive direction to sell, or, zd, an absolute necessity to sell in order to execute the will, or 3d, such a blending of real and personal estate by the...personal estate, and to bequeath the said fund as money. In each of the two latter cases an intent to convert will be implied. These propositions are settled...
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Montgomery County Law Reporter, Volume 20

Freeland Gotwalts Hobson, John Weiler Bickel, Abraham Hunsicker Hendricks, Albert Rosenberger Place, Nelson P. Fegley - Law reports, digests, etc - 1904 - 240 pages
...direction to sell; or second, an absolute necessity to sell in order to execute the will; or third, such a blending of real and personal estate by the...personal estate and to bequeath the said fund as money. In each of the two latter cases an intent to convert will be implied." This case has been cited and...
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Pittsburgh Legal Journal, Volume 32

Law - 1885 - 524 pages
...direction to sell, or, second, an absolute necessity to sell in order to execute the will, or third, such a blending of real and personal estate by the...that he intended to create a fund out of both real aud personal estate, and to bequeath the said fund as money. In each of the two latter cases an intent...
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