Mulligan's Estate

Citations

• 157 Pa. 98
• 27 A. 398
• 1893 Pa. LEXIS 1405

Syllabus

<p>Will — Personal property — Residuary estate.</p> <p>Personal property not specifically bequeathed is primarially liable for debts, and the residuary legatees can take only what remains after debts and general legacies are paid.</p> <p>Will — Construction—Residuary clause.</p> <p>Testator after certain charitable gifts, bequeathed to his wife one third of the balance of his personal estate absolutely, and the net income of one third of his real estate during her natural life. To his son he bequeathed his entire business then “ conducted and carried on ” by him in the city of Philadelphia and in the state of New Jersey and all his rights, title and interests in any firm or business with which he was connected in said city or elsewhere “under and subject however, to the above devise” to his wife. He then devised and bequeathed the residue of his estate to his son, and his daughter, their-heirs and assigns, “in equal parts, share and share alike.” Held, that testator’s daughter was not entitled to share in the business bequeathed to her brother, or the proceeds arising from the sale by him of testator’s interest therein.</p> <p>Executors and administrators — Commissions—Assignment.</p> <p>Where an executor renounces his right to commissions, his assignee for the benefit of creditors cannot claim them.</p> <p>It seems that a right to commissions as executor is not assignable for the benefit of creditors, as against public policy.</p>