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· 3/7/1921

Gruner's Estate

Citations

  • 269 Pa. 573
  • 112 A. 753
  • 1921 Pa. LEXIS 614

Syllabus

<p>Decedents’ estates — Fund, for payment of debts — Legacies—Specific legacies — Wills.</p> <p>1. The primary fund for the payment of debts, legacies, and annuities, is the personal estate of testator.</p> <p>2. A testator may direct otherwise, and it is sufficient to exonerate the personalty from this burden, and impose it on the realty, if it appears by necessary implication that he so intended.</p> <p>3. Such intention must generally be found within the will, and, where there is this internal evidence, it may be amplified by circumstances outside the will. ■</p> <p>4. Where it appears from a consideration of the whole will that testator intended specifically to bequeath to a niece all of his personal property described with particularity, his debts and legacies will be charged on the proceeds of his realty, made personalty by conversion.</p>

Judges: Kephart, Moschzisker, Sadler, Schaffer, Walling

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