Sharp v. Wightman

Citations

• 205 Pa. 285
• 54 A. 888
• 1903 Pa. LEXIS 561

Syllabus

<p>Wills — Legacy to debtor — Construction.</p> <p>A legacy by a testator to his debtor does not operate as a release or extinguishment of his debt, unless it clearly appears that it was the intention of testator that it should so operate.</p> <p>Wills — Doubtful intention — Extrinsic evidence.</p> <p>When the intention of a testator is doubtful, extrinsic evidence may be resorted to, in order to ascertain it.</p> <p>Where testatrix leaves the residue of her estate to a trustee in trust to pay the net income to a son “ free from his present or future debts, contracts or engagements,” and it appears that the testatrix at her death held notes of the son, extrinsic evidence may be introduced to show that it was the intention of testatrix that the notes should not be paid, if the son survived her.</p>