Campbell's Estate

Citations

• 54 Pa. Super. 356
• 1913 Pa. Super. LEXIS 68

Syllabus

<p>Will — Construction—Legacies—Charge on land — Act of April 27,1855, P. L. 868.</p> <p>1. Where a testatrix having an undivided interest in the real estate of an intestate, by her own will gives three pecuniary legacies and directs “said bequest to come out of the Wallace Estate,” meaning her interest in the intestate’s estate, and further gives to her husband “the balance coming out of the aforesaid Wallace Estate,” the will works a conversion of the interest in the Wallace estate, and the Act of April 27, 1855, P. L. 368, does not bar the claims of the legatees where such claims are not paid within twenty-one years from the death of testatrix.</p> <p>2. In such a case the legatees are competent witnesses to rebut the. presumption of the payment of the legacies.</p>