Van Vliet's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Monroe county : Of January Term 1883, No. 160. Appeal by Rebecca Van Vliet, administratrix c. t. a. and legatee under the will of Elizabeth V. Barry, from a decree of said court, dismissing her petition, praying that a certain legacy under the will of Derrick Van Vliet may be declared a charge on certain lands therein devised, and that said lands may be sold for the payment thereof.
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Appeal from the Orphans’ Court of Monroe county : Of January Term 1883, No. 160. Appeal by Rebecca Van Vliet, administratrix c. t. a. and legatee under the will of Elizabeth V. Barry, from a decree of said court, dismissing her petition, praying that a certain legacy under the will of Derrick Van Vliet may be declared a charge on certain lands therein devised, and that said lands may be sold for the payment thereof. The answer averred that said legacy was not charged upon the lands devised. The facts were as follows : — Derrick Van Vliet by his will proved in 1834, devised to his son Charrick…
1Opinion of the Court
The opinion of the court was delivered March 19th 1883.
2Per curiam
This clause of the will which we are called on to construe, does not blend real and personal estate together. It gives to the sons of the testator real estate only. Hence none of the authorities applicable to a case where the property is thus blended can aid this appellant. The case rests on au entire omission of the testator to use any language sufficient to charge upon the land, devised to the sons, the legacies given to the daughters. He directs his sons to pay the legacies, but does not charge them on the land. Something more than a…
3Cited by4 opinions
- Dixon v. Helena Society of Free Methodist ChurchSupreme Court of Oklahoma · 1917
- In re Estate of MitchellSupreme Court of Pennsylvania · 1897
- Morgan v. MorganCourt of Chancery of Delaware · 1924
- Tillia's EstatePennsylvania Orphans' Court, Lawrence County · 1922