EXECUTORS AND ADMINISTRATORS - DISTRIBUTION OF SURPLUS PROCEEDS WHEN REALTY DEVISED SUBJECT TO A CONDITION IS SOLD FOR DEBTS

Testatrix devised a house and lot to the trustees of the First Methodist Church Oil the condition that it be used for a parsonage. In administering the estate it became necessary to sell this real estate. Seven thousand dollars was realized by the sale, of which five thousand remained after debts were paid. This action was brought by the executors to determine the respective rights of the trustees of the First Methodist Church, the residuary legatee, and the heirs at law to this five thousand dollar surplus. Held, the condition relating to the use of the realty was rendered impossible by the forced sale and the trustees of the church were entitled to the · whole of the surplus. Scobey v. Beckman, (Ind. App. 1942) 41 N. E. (2d) 847