Rutt's Estate

Citations

• 35 Pa. Super. 522
• 1908 Pa. Super. LEXIS 77

Syllabus

<p>Wills — Legacies—Charge on land.</p> <p>While the personal estate, as a general rule, is the primary fund out of which legacies are to be paid, yet the testator may direct from what part of his estate the legacies or any of them shall be paid.</p> <p>Where a testator gives all of his personal property to his wife absolutely, a power to dispose of $2,000 by will, and a life estate in his realty, and gives to another person a legacy of $600 payable after the death of his wife, and devises his real estate subject to the wife’s life estate, and subject also to the liens, legacies and bequests provided for in his will, the real estate after the death of the wife is charged with the payment of the legacy of $500 in testator’s will, and the $2,000 to appointees under the wife’s will.</p>