Hart v. Downing

Citations

• 70 Pa. Super. 105
• 1918 Pa. Super. LEXIS 183

Syllabus

<p>Will — Advancements—Eqiialization— Annuity — Devise of real estate.</p> <p>Where a testator for the purpose of equalizing advancements previously made to children and other grandchildren gives to a grandchild the sum of twelve hundred dollars per annum, until final distribution, and further authorizes his executor to transfer to such grandchild a house and lot for a home “the value of said property to be charged to her as a part of the portion of my estate that will be coming to her on making final distribution,” the conveyance by the executor to the granddaughter of the house in question will not affect thereafter the payment to her of the twelve hundred dollars per annum.</p> <p>Such a construction of the will is borne out by the fact that a daughter of the testator who had received no advancements, and other beneficiaries, were given homes to live in on which the taxes, insurance and repairs were to be paid by testator’s estate. The granddaughter is not to suffer a deduction because she received a less desirable bequest in that the burden is placed upon her to pay the taxes and insurance, and to keep the property in repair while the estate is relieved therefrom.</p> <p>The contention that the granddaughter might sell the house, and, in the ease of a failure of issue, reduce the distributive estate, thu3 producing an inequality, is untenable. How much more could the other children and grandchildren reduce the distributive estate in case they died without issue, having expended the sums given them in advancement.</p>