Estate of Duvall

Citations

• 146 Pa. 176
• 23 A. 231
• 1892 Pa. LEXIS 1210

Syllabus

<p>1. The intention oí a testator to create a charge on real estate, is to be carried out whenever it is discoverable from anything contained in his will; but there must be something on the face of the instrument itself from which the intention to create such charge can be inferred: Okeson’s App., 59 Pa. 100.</p> <p>2. Where a testator dies without leaving personal estate sufficient for the payment of legacies, they are adeemed wholly or pro tanto, unless there is something in the will more than the mere bequests, to denote an intention that they should be paid out of the real estate: Clery’s App., 35 Pa. 54, distinguished.</p> <p>3. An executor of a will, taking land under an unconditional devise in such will, is not liable either by virtue of his office as executor, or individually, for the payment of pecuniary legacies, when no assets have come into his hands applicable to the payment of such legacies.</p> <p>4. It seems: An appeal and certiorari from the decree of the Orphans’ Court dismissing the petition of a legatee for a decree for the ¡payment of his legacy as a charge on the testator’s land, will not be quashed because no security has been given in the Orphans’ Court, under § 59, act of March 29, 1832, P. L. 213. *</p>