Estate of McMahon

Citations

• 132 Pa. 175
• 19 A. 68
• 1890 Pa. LEXIS 787

Syllabus

<p>(а) A testatrix directed her executors to pay to her daughter the interest accruing on a mortgage, until said mortgage was paid, when the principal thereof was to be divided equally among seven children named.</p> <p>(б) She then bequeathed two legacies to two of her sons, not among the seven children first named, but said legacies were “ not to be paid until payment of the mortgage above mentioned to my executors : ”</p> <p>1. In such case, the principal and interest of the mortgage, having been specifically bequeathed, were not subject to abatement on a deficiency of the estate to pay the two legacies to the testator’s sons.</p> <p>2. On the distribution of the decedent’s estate, it was not error to exclude from allowance a note signed by the mark of the testatrix, who could not road or write, and the execution of which was not clearly and satisfactorily established.</p>