Haynes v. McDonald

This was a bill filed by plaintiff in error, as executor of the last will and testament of Josiah McDonald, deceased, against the widow, heirs and devisees of the testator, for an order to sell real estate of said testator to pay a balance due on a legacy to the testator’s daughter, the personal property being insufficient to pay the liabilities of the estate and said legacy in full. The only question involved is whether the legacy of $20,000 to the testator’s only daughter was a charge upon the real estate.

Josiah McDonald at the time of his death was the owner of a considerable amount of…