Schmehl v. Bickel

Citations

• 5 Sadler 486
• 8 A. 874
• 1887 Pa. LEXIS 577

Syllabus

<p>The orphans’ court has no jurisdiction to decree the payment of a legacy by a devisee, unless the legacy is charged upon land.</p> <p>By a devise: “1 order that my son David, my dwelling and piece of land containing about 26 acres more or less, as his own property, but (aber) my son David shall keep my dear wife as long as she lives, or pay to her annually $72. and my son David must, after my wife’s death, pay to my daughter $1,200, as follows,” etc., — the legacy to the daughter is not charged upon the land.</p> <p>Query, whether by an assignment, including the land, by the son for the benefit of creditors, notice of the daughter’s claim at the assignee’s sale and a subseqguent conveyance by the purchaser expressing the land to be subject to the charge, the legacy to the daughter becomes charged upon the land.</p> <p>Cited in Levan v. Bickel, 1 Monaghan (Pa.) 680, 687, 17 Atl. 206.</p> <p>Note. — The question was left undecided in this case, whether an assignment by the son for the benefit of creditors, resulting in a sale at which the daughter gave notice of her claim, and a subsequent conveyance by the purchaser by a deed containing a recital that the land was subject to the legacy, would make it a charge against the land. Subsequently an action of debt was brought to recover this sum from the purchaser, and a judgment for the defendants was affirmed. Levan v. Bickel, 1 Monaghan (Pa.) 680, 17 Atl. 206.</p>