Wingett v. Bell

Citations

• 14 Pa. Super. 558
• 1900 Pa. Super. LEXIS 83

Syllabus

<p>Legacies charged on lands — Alienee, in possession, liable.</p> <p>A devisee oí land charged with exclusive right of residence in the mansion house, vested in the widow, together with a charge for her comfortable support and maintenance, accepting the devise, becomes personally liable for the charge. And the alienee of the devisee, who takes the land cum onere becomes personally liable for the arrears accruing during the continuance of his estate, the charge following the land.</p> <p>As between the original devisee out of possession and the alienee in possession, equity would hold the latter to the performance of the obligation, since the means to perform and the fund specially charged are in his exclusive control.</p> <p>Jurisdiction, O. 0. — Legacies charged on land.</p> <p>The orphans’ court under Act of February 24, 1834, P. L. 70, has exclusive equitable jurisdiction in the case of legacies charged on land.</p>