...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...

...sell; or (2) an absolute necessity to sell in order to execute the will; or (3) such a blending of reai and personal estate by the testator in his will, as...personal estate, and to bequeath the said fund as money." "The direction to sell must be absolute and unconditional." Stoner v. Zimmerman, 21 Pa. 394. "To establish...

...a blending of the real and personal estate by the testatrix in her will as clearly to show that she intended to create a fund out of both real and personal estate. (5) Because he held, as a conclusion from the construction of the will, that the testatrix had directed...

...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...intended to create a fund out of both real and personal > "' The Commissioner's argument is that the facts "fall squarely within the ambit of the second test...

...conversion, laid down as settled law in Hunt's Appeal, 105 Pa. 128, has been uniformly followed, viz.: "In order to work a conversion, there must be either...personal estate, and to bequeath the said fund as money." Hunt's Appeal has been approved in Chamberlain's Estate, 257 Pa. 113. "The presumption, no matter what...

...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...personal estate, and to bequeath the said fund as money. The Commissioner's argument is that the facts "fall squarely within the ambit of the second test quoted...

...positive direction to sell, or (b) an absolute necessity to sell in order to execute the will, or (c) such a blending of real and personal estate by the...a fund, out of both real and personal estate, and bequeath the fund as money; Cooper's Extale, 206 Pa. 678, and the cases therein cited. Measured by...

...necessity to sell in order to execute the will," or "by such a blending of realty and personalty, by a testator in his will, as to clearly show that he intended to create a fund out of both real and personal estates, and to bequeath that fund as money." A general power in an executor to sell is presumed to...

...blending of the real and personal estate so as to show that the testator intended to create a common fund out of both real and personal estate, and to bequeath the fund as money. That there is such a blending of the real and personal estate in the will of James Marshall,...

...that, although conversion may arise without express terms, when 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...