Hammer's Estate

Citations

• 158 Pa. 632
• 28 A. 231
• 1893 Pa. LEXIS 1643

Syllabus

<p>Wills — Legacy—Specific—Demonstrative—Ademption—Gharge on land.</p> <p>In the construction of wills, courts uniformly lean to a construction which shall declare a legacy demonstrative rather than specific. Where there is nothing which clearly shows a testator meant to charge a legacy on the realty and to discharge the personalty, the legacy is demonstrative.</p> <p>Testator directed that his executors should sell his real estate and “ out of the proceeds of such sale shall pay to my son R. F. Hammer $3,000 to equalize him with my other sons who have been advanced $3,000 each in the purchase of real estate.” Testator further directed that all his pej> sonalty should be distributed as he in his will thereinafter directed. He then in- subsequent clauses bequeathed $1,000 to each of his daughters. The remainder, real and personal, was to be divided equally among his children. The realty sold for less than enough to pay the above mentioned legacy to the son. Held, that the legacy was demonstrative and not specific. Cryder’s Appeal, 11 Pa. 72, distinguished.</p>