McConomy's Estate

Citations

• 170 Pa. 140
• 32 A. 608
• 1895 Pa. LEXIS 1375

Syllabus

<p>Will — Gonstruclion of — Distribution—Debt of legatee.</p> <p>Testator by his will directed that the residue of his estate should be •divided into seven equal shares for his seven children. In a codicil he recited that he had given his son Henry R. an equal share of his property, but that owing to change of circumstances he had “ concluded to give a portion of his share, viz: an amount sufficient for a repayment to St. Catharine’s Roman Catholic Church, in Drumore Township, in this county, $710.44 and the additional of $189.56 for the payment of some other of •my debts, making an aggregate sum of nine hundred dollars to be deducted from his share, and the balance remaining of said share to be paid to my daughter-in-law, Mary McConomy, wife of said H. R. McConomy, for the support, maintenance and education of the children and wife of said H. R. McConomy, entirely free from any liability from the debts of said H. R. McConomy. This amount to be in full for the equal share to have been paid the said H. R. McConomy arising from my estate.” Held, that testator’s intention, in order to preserve equality among his children, seems to have been to charge Henry’s share with $900, which testator had paid for him; and as Henry’s share was more than $900, the proper plan of •distribution is to treat the $900 as if paid to the estate, then make an equal distribution among the other six children and Henry’s wife, and deduct -the $900 from her share.</p> <p>Principal and surety — Appointment of trustees — Jurisdiction.</p> <p>Where a trustee appointed by the orphans’ court has given bond, and subsequently squanders the estate, his sureties cannot object, when called upon to make good the loss, that the court had no jurisdiction to appoint their principal trustee over the estate.</p>