Kirkman v. Mason

Citations

• 17 Ala. 134

Syllabus

<p>1. Where the payment of a legacy is made to depend on the estate being worth a specified amount after the debts are paid, the point of time at</p> <p>‘ which the value of the estate is to be ascertained is not that of the testa* ; ■ - tor’s death or of the probate of his will, but that at which the assets are applied in due course of administration to their proper objects in conformity with the directions of the will.</p> <p>2. If the payment of a legacy is made to depend on the condition that the estate in the hands of tho executor is worth a specified amount after the debts are paid, the distributive share which is allotted to the widow, in consequence of her dissent from tho will, is not to he taken into tho estimate in ascertaining the value of the estate.</p>