Markley's Estate

Citations

• 148 Pa. 538
• 24 A. 75
• 1892 Pa. LEXIS 1021

Syllabus

<p>Will — Legacies—Blending of realty and personalty.</p> <p>Where real and personal estate are blended in the residuary clause of a will, the legacies are a charge on the real and personal estates so blended.</p> <p>The will of testatrix expressly included in the residue of her estate her dwelling house, directing that the personal property included in the residue should be converted into money, with the exception of the furniture in her dwelling house, which should be retained so long as in the judgment of her said executor the house would rent more advantageously furnished than otherwise, with power of sale of said house to her executor. Testatrix had no other real estate than the house in question, and her personal property being insufficient to discharge the legacies, it was</p> <p>Held, That the same must be paid by a sale of the dwelling house.</p>