Baily's Estate
Citations
- 153 Pa. 402
- 26 A. 23
- 1893 Pa. LEXIS 1116
Syllabus
<p>Will — Legacy to debtor — Release—Set-off.</p> <p>A legacy by a creditor to his debtor does not operate as a release or extinguishment of the debt, unless it clearly appears to have been the intention of the testator that it should so operate.</p> <p>Testator bequeathed to “Ebenezer Worth nine thousand dollars, to be held (in trust), pay the interest to him yearly. At his death pay this to Marshalton, West Bradford Meeting.” At the time the will was executed, and also when it took effect, the legatee’s indebtedness to the testator was so largely in excess of the bequest that the interest payable to him annually under the will was insufficient to pay the interest on his indebtedness to the estate. There was nothing in the will itself nor dehors the instrument, which showed any intention to release the legatee’s indebtedness. Held, that the debt could be set off against the legacy, and the legatee and his attaching creditors excluded from any. participation in the fund.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- Board’s use of total cost method proper where contractor presented extensive testimony concerning effect of delay and resulting costs
- highway construction contract was severable into several separate items such that action initiated in order to recover upon these separate items were not essentially the same cause of action for res judicata analysis
Source: CourtListener parenthetical corpus (CC0).
Judges: Chinn, Dean, Green, McCollum, Mitchell, Paxson, Stebbett, Sterrett, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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