Denis's Estate

Citations

• 169 Pa. 493
• 32 A. 436
• 1895 Pa. LEXIS 1120

Syllabus

<p>[Marked to be reported.]</p> <p>! Will — Decedents’ estates — Annuity—Deficiency of income.</p> <p>Testator gave an annuity to his wife, and directed that the taxes and repairs on certain real estate specifically devised to her should be paid out of his estate. At the first adjudication a sum was set apart, the income of which was to be used in paying the annuity and the charges on the widow’s land. The rest of tlie personalty was distributed to the residuary legatees who were also the residuary devisees. The widow made no agreement not to look to the residuary real estate in case of a deficiency in her income. In course of time the fund set aside proved inadequate to provide an income sufficient to pay the annuity and the charges on the widow’s land. Held, that the widow was entitled to have the deficiency made up out of the rents of the residuary real estate.</p>