Loughrey's Estate

Citations

• 247 Pa. 494
• 93 A. 628
• 1915 Pa. LEXIS 872

Syllabus

<p>Wills — Construction—Advancements—Charge on land.</p> <p>1. If the intention to create a charge on land is not clear, no charge will be sustained. In doubtful cases the law leans in favor of the first taker, and all reasonable intendments are to be in his favor.</p> <p>2. Where a testatrix by will devised her homestead property to her son Thomas, to be his absolutely, and further devised her residue to trustees in trust, inter alia, to distribute the same after a period of ten years equally among her children and further provided that the devise to her son, Thomas, should be considered “as an advance of sixty thousand dollars on his distributive share, as though the property devised and bequeathed to him were a part of the trust estate,” there is no ground for contending that the homestead property is charged with the payment of $60,000 to the estate, although the residue was found to be less than was anticipated, and the shares of the other children were less than $60,000.</p>