Hermann's Estate

Citations

• 220 Pa. 52
• 69 A. 285
• 1908 Pa. LEXIS 729

Syllabus

<p>Will — Legacy—Interest on legacy — Life estate — Act of February 24, 1834, P. L. 70.</p> <p>Section. 51 of the' Act of February 24, 1834, P. L. 70, relating to interest upon legacies, has application only to legacies paid by an executor; it has no bearing upon legacies directed to be paid by a devisee who has elected to take a devise of land.</p> <p>Where a testator gives the rents, issues and profits of his entire estate to his wife for life, and “subject to said life estate” devises a lot of ground to a son, provided the latter pays to testator's other children an amount stated, and it appears that the difference between the amount stated, and the valuation placed upon the lot by the testator was an amount which would equalize the devisee's share with the shares of the other children, interest will not be allowed on the legacies to the other children until after the termination of the life estate of the wife.</p> <p>All the surrounding circumstances of the testator — his family, the amount and character of his property — may and ought to be taken into consideration in giving a construction to the provisions of his will.</p>