Walters v. Steele

Citations

• 11 Pa. Super. 303
• 1899 Pa. Super. LEXIS 140

Syllabus

<p>Will — Construction—Charge on land.</p> <p>Where a devise is made of the homestead to a son coupled with the following provision that “Lucinda,” a daughter of testator, “to have her living in the Old Homestead so long as she remains unmarried and does not charge wages for services rendered,” such language does not import a legacy chargeable on the land in the hands of a purchaser at sheriff’s sale of the homestead on judgment arising out of the debts of the son contracted after the death of testator. The gift of an absolute fee to the son and a living to his daughter upon the condition named indicates that the main intent was to unite them into one family.</p> <p>There is no such sufficient indication of any intent of the testator that the daughter should have any additional advantage over any other member of the family to induce the court to hold that testator intended that the burden of her maintenance was to be a charge on the land itself.</p>