O'Neill's Estate

Citations

• 266 Pa. 9
• 109 A. 526
• 1920 Pa. LEXIS 489

Syllabus

<p>Executors and administrators — Accounts—Legacies—Objections by legatees — Wills.</p> <p>1. Legatees are entitled to object to credits claimed in a pending aecpunt, where it does not appear from the account itself that they will receive their legacies even though the credits are allowed.</p> <p>2. Proof that an estate is solvent and that legacies will be paid on a future accounting, will not operate to defeat their right to object.</p> <p>Executors and administrators — Credits—Payment of liens and debts — Premature payments — Legatees.</p> <p>3. As between an executor and legatees, the former will he refused credits for sums paid for existing liens upon a property devised subject thereto, possession of which he has given to the devisee without first compelling their payment.</p> <p>4. When debts are to be first paid out of collections to be made, and are still unpaid, an accountant will be refused credit for sums paid by way of distribution to those entitled to receive the residue after payment of the debts.</p> <p>Executors and administrators — Commissions—Misconduct.</p> <p>5. An executor of experience, who constantly violates his letters testamentary and oath of office, yet distributes large sums though the debts and taxes are unpaid, and who fails -to comply with the terms of the will, will be refused commissions, notwithstanding the will provides he shall control and manage the estate to the best of his ability.</p> <p>Wills — Construction—Meaning of words.</p> <p>6. A will is to be construed according to the meaning of the words actually used therein.</p> <p>7. Where testatrix devises realty subject to the payment of “liens,” it cannot be shown by oral evidence that testatrix meant “one mortgage” only.</p> <p>Appeals — Findings of fact — Review.</p> <p>8. The court will not reverse findings of fact which are based upon, statements of appellant, or unless clear error is shown.</p>