Capp v. Brunner

Citations

• 132 Pa. 417
• 20 A. 683
• 1890 Pa. LEXIS 833

Syllabus

<p>(а) A testator in his lifetime executed a deed conveying certain real estate subject to a charge of $5,000, the interest of which was to be paid to himself during life, then to his wife if she survived him, and after her death “ the principal to be paid to those entitled thereto, for all of which a bond has been executed.”</p> <p>(б) By his will, the testator bequeathed the said sum of $5,000 to his wife for life, and after her death unto all his children in equal shares. The wife survived the testator and subsequently died. No bond was ever found, and no evidence of its existence was produced except the reference to it in the deed:</p> <p>1. In such case, the sum of $5,000, charged on the land by the deed, was payable by the owner of the land to the testator’s executor, appointed by the will to receive and disburse it, to be by him distributed according to the directions of the will.</p>