Appeal of McWilliams

Citations

• 117 Pa. 111
• 20 W.N.C. 120
• 11 A. 383
• 1887 Pa. LEXIS 241

Syllabus

<p>A testator devised all his real estate to his wife for the term of seven years, the rents and proceeds, except so much as might be necessary for her support, to be applied exclusively to the payment of his debts, and providing, that after the expiration of said term his executor should have his real estate appraised and sold and, after all his debts were paid, the balance should be divided between his sons and daughter designated. Held:</p> <p>1. That the will worked a conversion of the realty from the death of the testator, and the act of February 24, 1834, P. L. 77, was not operative upon the claims of creditors.</p> <p>2. That in such ease where the enforcement of a creditor’s claim was deferred for more than six years after the right accrued, under an arrangement between the creditor, the executor, the widow and certain residuary legatees, by which payment was postponed that other debts might be paid under the provisions of the will, the legatees, assenting and assisting, are estopped from inteqjosing the bar of the statute against the creditor’s claim on distribution.</p> <p>3. Yorks’ Appeal, 110 Pa. 69, distinguished.</p>