Estate of Sharp

Citations

• 7 Pa. Super. 372
• 1898 Pa. Super. LEXIS 306

Syllabus

<p>Will — Legacy charged by implication on land.</p> <p>A legacy may be charged on land by implication. No form of words is necessary to produce the effect and when the intention is manifest the courts are bound to carry it into execution.</p> <p>Testator gave the use of two thirds of a farm to E. and of one third of the farm to E. with directions to E. to pay $30.00 and F. $15.00 to testator’s widow annually while she remains his widow ; the farm being sold for the payment of debts of decedent there were some four years of arrears of payments due the widow prior to a remarriage. Held, that the will show's a clear intention to create a charge upon the land devised and the widow is entitled to a portion of the balance of the fund after payment of debts equal to the amount of the annuities for the period of widowhood.</p>