Estate of Laughlin

Citations

• 131 Pa. 333
• 18 A. 877
• 1890 Pa. LEXIS 1113

Syllabus

<p>(а) A testator, A. L., set apart Ms interest in certain land, the estate of Ms deceased father, with other of his own assets, as a “ fund or estate ” out of which it was directed that certain legacies were to be paid.</p> <p>(б) He provided further that if the “ fund or estate ” should exceed the amount necessary to pay the legacies in full, the surplus should constitute his residuary estate, which he bequeathed to his brother F. B. L.</p> <p>(c) Subsequently, upon a judgment and execution against F. B. L. the latter’s interest in the land of Ms father was sold at sheriff’s sale to Heed, and afterward the land itself was sold by the father’s executors, who accounted for the proceeds :</p> <p>1. In such case, whether the conversion under the will of the father had taken place before the executors’ sale or not, the share of A. L., in the fund, was payable to his executor, for the prior discharge of the legacies, and not to Reed, the purchaser of F. B. L.’s interest.</p>