Philena B. Fisher v. Stanley A. Banta, Impleaded

Summary

The Court affirmed the lower court, holding that the codicil directing the sale of all real estate converts the estate into personalty at the testator's death and that this conversion is not barred by lack of a trust. It also held that the surrogate's decree of accounting does not bind the legatees of Charles Edward Banta because they were not parties to the proceeding, and therefore they may bring an action for construction of the wills.