Hunsicker's Estate

Citations

• 61 Pa. Super. 9
• 1915 Pa. Super. LEXIS 259

Syllabus

<p>Will — Charge on land — Funeral expenses and nursing — Tes'taior’s widow — Sale of land — Jurisdiction of Orphans’ Court — Act of Feb. m, 188P. L. 70.</p> <p>Where a testator by his will gives a small piece of land to his wife for life and directs that the funeral expenses and two tombstones for himself and his wife shall “be paid from the whole estate,” and that nursing and care if required for himself and his wife should also he paid, a son of the testator who, in the absence of personal property, has paid for the funeral expenses and the tombstone of the widow, and wife of the son who nursed the widow, may after the death of the widow petition the Orphans’ Court under the Act of February 24, 1834, Section 59, P. L. 10, to sell the land, and the Orphans’ Court has jurisdiction to decree such sale upon the ground that the expenses in question were charged upon the land by the testator’s will, and should he paid out of the proceeds of the sale.</p>