Estate of Eichelberger

Citations

• 135 Pa. 160
• 19 A. 1014
• 1890 Pa. LEXIS 1163

Syllabus

<p>1. When a testator declares as his will that his children “ shall have share and share alike ” out of his estate, puts a valuation upon the pieces of real estate devised to them respectively, and follows these provisions with clauses stating that they are indebted to his estate in amounts specified, there is a necessary implication that the sums named as their debts are to be deducted from the shares of the children upon distribution.</p> <p>2. While a mere declaration in a will that a person is indebted to the testator would not be competent evidence of the debt in a suit for its recovery, a testamentary direction for the deduction of a debt from a legacy is conclusive on distribution, and the legatee may not show that the testator was mistaken as to its existence or amount, or that it was barred by limitation: Zimmerman v. Zimmerman, 47 Pa. 378, distinguished.</p> <p>3. A testator bequeathed to his son Martin a sum of money, directing that it be placed on interest by his executor and the interest paid annually to Martin during his life, and that, in case Martin should die leaving no heirs of his own body, the sum bequeathed to him should revert to the testator’s other heirs: in such case, Martin was entitled simply to the income of the fund for life, and the principal was payable to the executor as an active trustee.</p>