Fields's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Gfreene county. This was an appeal by John Fields from the decree of the court below, subjecting him, as the alienee of Abraham Sprowls, a devisee of Henry Sprowls, deceased, to the payment of one-third part of certain legacies bequeathed by the will of the said Henry Sprowls, and alleged to be charged on the lands devised.
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Appeal from the Orphans’ Court of Gfreene county. This was an appeal by John Fields from the decree of the court below, subjecting him, as the alienee of Abraham Sprowls, a devisee of Henry Sprowls, deceased, to the payment of one-third part of certain legacies bequeathed by the will of the said Henry Sprowls, and alleged to be charged on the lands devised. Henry Sprowls died in 1848, and by his last will, among other things, bequeathed and devised as follows:— “ 3. To my son William, $250, to be put into the hands of Dr. William B. Porter, to be given the said William Sprowls as he needs it.…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
This will is merely a direction for the division of the testator’s estate among his heirs or children. Some are to have their share in money, others in land; and if the personal estate be not sufficient to pay the money shares, those who get *13land are to make up the deficiency in equal shares; and we agree that this constitutes a contingent charge upon the land devised, and raises a question of contribution or abatement between legatees and devisees, and shows how it is to be decided. It really makes the land the residuary estate: 11 Harris…
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