Assigned Estate of Wise

Citations

• 188 Pa. 258
• 41 A. 526
• 1898 Pa. LEXIS 604

Syllabus

<p>Will — Gharge on land — Legacy.</p> <p>To make a legacy a charge upon land devised, it is necessary it should be declared so by express words, or that it maybe inferred from the whole will that such was the intention of the testator.</p> <p>A naked direction to the devisee to pay a legacy creates only a personal liability if he accepts the devise. But a direction to the devisee to pay a legacy out of the lands devised, or as a condition on which the lands are devised, creates, not only a personal liability if the devise is accepted, but also a charge upon the land devised.</p> <p>Testator directed as follows: “I give and bequeath unto my younger son Joseph Wise Jr. his heirs and assigns, all that messuage or tenement of my homestead farm with the appurtenances belonging theretoo. I give to my five daughters Elizabeth Stewart Mary and Mihanna Rebecca Tom-bough Maria Shields Barbary Hill one thousand Dollars Each to be paid in manner, as I hold Receipts against them theballance to bee paid in one year after my Decease. My said younger Son Joseph Wise Jr. is to pay in Consideration for the farm bequeath to him by me theballance to make the five Daughters a bove menched equel acording to there out Seting of my Astate. I further bequeath to Said Elezabeh Mary ann Rebeca Maria and Barbary Hill five hundred Dollars Each over and above ther out Seting to be paid in two years after my Decease to them, which Joseph is to pay them being there full share of my Estate, being the ballance he is to pay for the farm which I have bequeath to Said Joseph wise Jr. and my Executrix to deed the Said farm to him for ever my will is that my personal Estate of what kind and nature Soever to apprase and Sell the Same to pay my debts and funeral Expences.” Held, that the daughters’ legacies were charged upon the land.</p>