Dunshee v. Dunshee

Citations

• 243 Pa. 599
• 90 A. 362
• 1914 Pa. LEXIS 673

Syllabus

<p>Will — Devise—Partition—Owelty—Devisee’s indebtedness to estate — Charge against share — Amount of devisee’s indebtedness— Testator’s error as. to amount — Equity—Correction of error in will — Evidence.</p> <p>1. Where a testator directs the indebtedness of a son to be charged against his share of the estate, such direction may be carried out through the process of partition by charging the indebtedness on the share of the son as owelty.</p> <p>2. Where a testator directs the indebtedness of a son to be charged against his share of the estate, and designates in his will the amount of such indebtedness, a court of equity cannot inquire into the transactions and business dealings between the father and son prior to the making of the will and codicils for the purpose of showing that the father made a mistake in fixing the exact indebtedness to him at the date of the execution of such will and codicils. A different case would be presented if the indebtedness of the son was charged against his share of the estate in general terms, or if the amount of the indebtedness charged in the will was subsequently reduced by payments, or if the amount of the indebtedness be left open for future determination.</p> <p>3. In such a ease on the hearing of a bill in equity for partition the son is not a competent witness to matters which occurred in the lifetime of the father and which affect the distribution of his estate.</p>