Estate of Heberle

This is an appeal from a decree of distribution. The deceased left surviving, as his heirs at. law, the appellant, Jacob Heberle, who was his brother, the children of a deceased brother, Martin Heberle, and the children of a deceased sister, Anna Maria Heberle Mootz. He died testate and the controversy causing this appeal arises over the construction of his will.

The will gave all of the estate to two trustees, with specific directions as to its disposition. After providing for the investment of twelve thousand dollars and the payment of the income thereof to Jacob Heberle, or to his use, during his life, and for its disposition after his death, and specifically disposing of a certain lot of land, the following clause appears:—

A subsequent clause directed the trustees to convert the residue into cash “if they can do so within one year after the said property is distributed to them, . . . but in case of a low market or where loss might ensue by the conversion of said property into cash, then they may take such further time as may be reasonable—it being my intent and purpose that my said estate shall be made to bring a reasonable amount for distribution to my said sister or her…