Strock's Estate

Citations

• 158 Pa. 355
• 27 A. 1003
• 1893 Pa. LEXIS 1591

Syllabus

<p>Decedents' estates — Advancements—Promissory notes — Will—Evidence.</p> <p>Testator directed that notes which he held against his children should be deducted from their shares of his estate. He gave to his wife the use of a house and lot for life, and one third of his personal estate absolutely; also pecuniary legacies and the residue of the realty and personalty to his children. Testator had various accounts against his children which he entered in a book designated “ a charge boók against my children.” The notes were not entered in this book. One note which he held against a son he destroyed, and then entered the amount of principal and interest due upon it in the “ charge book.” The notes constituted the principal part of testator’s personal estate, and more than enough to pay the peeuniary legacies. If the notes were held to be advancements, there would be no personalty to pass under the residuary clause, and the widow’s share in the estate would be very small in comparison with what the children would receive. Meld, that an intention to convert the notes into advancements was not consistent with a, purpose to pass the balance of the personal estate under the residuary clause, and that no inf erence that testator intended to so convert them could be drawn from the direction to deduct the debts of his children from their shares of his estate.</p>