Anna Riegelman's Estate

Citations

• 174 Pa. 476
• 34 A. 120
• 1896 Pa. LEXIS 909

Syllabus

<p>Decedents' estates — Decedents' debts — Personalty—Beal estate.</p> <p>The personal estate of a decedent is the primary fund for the payment •of all debts of the decedent, and this rule is so rigid that the charging the real estate for payment of debts is not of itself sufficient to exempt the personal estate, unless the intention appear to not only charge the real ■estate but to discharge the personalty.</p> <p>A widow agreed in writing to purchase from her husband’s administrator certain real estate, covenanting to pay the purchase money; the conveyance to be subject to one third as dower for the widow until after her decease. The dower thus charged was that of the purchaser as widow of the deceased. The widow paid ten per cent of the purchase money, and subsequently died. By her will she gave her real estate to one daughter, and directed that her personalty, with the exception of a small legacy, should be equally divided between her two daughters. Reid, that the executor was bound to pay out of the personal property the balance of the purchase money and the principal of the dower.</p>