Estate of Eisenbrey

Citations

• 180 Pa. 125
• 36 A. 569
• 1897 Pa. LEXIS 887

Syllabus

<p>Will — Advancements— Contract.</p> <p>Testator in his lifetime conveyed real estate to his son E. and took in payment therefor two bonds and mortgages and a promissory note. He died before the maturity of the bonds and notes. After his death E. continued to pay interest on the bonds and notes to his father’s executor until his own death twenty years afterwards. Testator gave the residue of his estate in trust for the payment of annuities, and after payment of the same the residue was be to increased “for purposes of distribution, by the aggregate of all debts and advances, without interest, however, which must not be charged, which shall at the time of my decease, be chargeable against my children, as well those hereafter made as those now existing, which I declare to be as follows: E. has not been advanced.” He then enumerated advances made to four of his children and the indebtedness of one daughter, but made no reference whatever either to the bonds and mortgages or the promissory note of his son held by him at the date of the execution of his will. Held, that the bonds, mortgage and note ware not advancements but were debts due by E. to his father’s estate.</p>