Drayer v. Roudebush

Citations

• 70 Pa. Super. 330
• 1918 Pa. Super. LEXIS 242

Syllabus

<p>Will — Tested and contingent legacies — Charge on land — Case stated.</p> <p>Where a testator gives the use of his farm to his wife for life, and after her death to his son absolutely, and gives all his personal property to his wife and son with directions to pay his debts and funeral expenses, and further directs that the son shall pay to each of his two daughters the sum of two hundred dollars within one year after the death of the mother, the legacy to each of the daughters is vested, .and the husband of one of them who died in the lifetime of the mother is entitled either, as administrator of his wife or as surviving husband, to recover the amount of the legacy from the son.</p> <p>In such a case where the parties submit a ease stated, and agree that if the court be of the opinion that the legacy was vested, or was a charge upon the land, “then judgment in either instance to be entered for the plaintiff,” and the court finds that the legacy was not charged upon the land, and there being no personal property enters judgment for defendant, the judgment is not in accordance with the submission, and must be reversed, inasmuch as the legacy was vested. Judgment was to be entered for tbe plaintiff “in either instance,” and not if both conditions were satisfied.</p>