Appeal of Keiper

Citations

• 124 Pa. 193
• 23 W.N.C. 260
• 16 A. 744
• 1889 Pa. LEXIS 1020

Syllabus

<p>(a) A testator bequeathed a legacy of $1,000 in trust “ to be used only toward the erection of a Reformed Church at Elizabethville, and shall not be paid by the said trustee until he is perfectly satisfied that no debts of any kind whatever rest on said church property, or until said amount with accrued interest would place the church entirely out of debt.”</p> <p>(5) The erection of the church at the place designated was in contemplation at the date of the will; it was begun and completed in the lifetime of the testator who himself paid $723 towards its erection, and at the adjudication of the account of his executors it was shown that there was still an outstanding building debt of $144, the most of which had been assumed by members.</p> <p>1. In such case, tlio legacy was not adeemed on the ground claimed, that the contributions made by the testator during his lifetime towards the erection of the church should be taken as intended to be in lion of the legacy, or on the ground that, as the sole object for which the legacy was given was the erection of the church, it could not be applied to any other purpose.</p> <p>2. Nor was the legacy adeemed pro tanto, as the language of the will made it plain that the testator contemplated and desired that the church building should be erected and free from debt when his legacy should be paid, authorizing his trustee to apply it to the building debt, only on condition that it would extinguish the whole of it.</p>