Estate of Mustin

Citations

• 194 Pa. 437
• 45 A. 313
• 1900 Pa. LEXIS 412

Syllabus

<p>Will — Conversion—IAen of decedent's debts.</p> <p>Where a will treats real and personal estate as a blended fund, out of ■which legacies are to be paid to an amount which may exhaust the fund, the will works a conversion of the real estate, complete at the death of testator, from which moment the whole fund becomes assets for the payment of debts, and freed as to any part of it from the operation of the act relating to the lien of decedent’s debts.</p> <p>A will making a specific bequest, followed by a legacy of $3,000, and then giving the residue of realty and personalty in trust, after a life estate, to pay a legacy of $10,000, to set aside the sum of $120,000, and eventually to pay it, in three separate amounts of $40,000, absolutely, and in trust, if a balance still remains, to pay legacies of $8,000, and then, in case there be more,-to pay $2,000 to a charity, and to divide and pay over any final balance in three equal parts, works a conversion of the real estate.</p>