Pearson v. Wartman

Citations

• 80 Md. 528
• 31 A. 446
• 1895 Md. LEXIS 21

Syllabus

<p>Devise and Legacy — Charging Legacies on Land.</p> <p>Under wills executed before the Act of 1894, ch. 438, the personal estate is the primary fund for the payment of legacies, and they are-never charged upon the real estate unless such appears to have been the intention of the testator.</p> <p>The mere fact that the testator gives a legacy to one person, and then gives the rest and residue of his estate to another, does not show an intention to charge the legacy on the real estate.</p> <p>In a will executed before 1894, the testator, after giving a life-estate in all his property to his wife, gave upon its termination certain pecuniary legacies and then devised to other parties “the remaining portion of my estate.” The personal estate was insufficient to pay the legacies. Held,. that the legacies could not be charged on the land.</p>