Sloan's Appeal

Citations

• 168 Pa. 422
• 32 A. 42
• 1895 Pa. LEXIS 815

Syllabus

<p>Will — Legacies—Real estate — Residuary estate.</p> <p>The blending of the real and personal estate in the residuary clause of a will binds the real estate for the payment of legacies by implication, since the “ residue and remainder” can only be ascertained after the payment of the debts, legacies and expenses.</p> <p>Wills — Interest on legacies.</p> <p>Where the settlement of an estate is delayed by litigation with a person who claims to be the widow of testator, the legatees are entitled to interest at the .rate of six per cent on their unpaid legacies notwithstanding the fact that the executors were unable to realize more than four per cent in income from the estate.</p> <p>In such a case the residuary legatees are in no position to complain, for the estate is charged with the payment of the debts and the pecuniary legacies first, and not until this is done is the residue ascertained or the extent of their interest in the estate determined.</p> <p>Will— Charitable gift — Legacies—Codicil.</p> <p>Testator gave a gift of a sum of money to a charitable institution. Fifteen months afterwards he executed a codicil by which he gave the same sum to a trustee to pay the income thereof to two persons for their lives, and upon their death to pay the principal to the charity. The subject was introduced in the codicil by the words “I hereby annul and revoke the bequest” to the charity, and then followed immediately the words “and instead thereof I give and bequeath ” to the trustee, etc. Within one calendar month after the execution of the codicil, testator died. Held, that notwithstanding the use of the words “ revoke,” “ annul,” and “ instead thereof,” the codicil did not revoke the bequest to the charity, but simply postponed its time of payment, and that the gift to the charity was therefore not affeclpd by the act of 185S.</p>