Cook v. Petty
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term, 1884, No. 162. Ejectment, by Elvira Cook, George A. Cook and Edward Cook, executors of J. W. Cook, deceased, and David R. Mclntire, against R. B. Petty, administrator, d. b. n. c. t. a. of W. B. Hays, Sr., deceased, and William B. Hays, Jr., etal., to recover possession of a lot of ground in the twentieth ward of Pittsburgh.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term, 1884, No. 162. Ejectment, by Elvira Cook, George A. Cook and Edward Cook, executors of J. W. Cook, deceased, and David R. Mclntire, against R. B. Petty, administrator, d. b. n. c. t. a. of W. B. Hays, Sr., deceased, and William B. Hays, Jr., etal., to recover possession of a lot of ground in the twentieth ward of Pittsburgh. On the trial, before Collier, J., the following facts appeared: Wm. B. Hays, Sr. died June 23d, 1873, seised of the property in controversy. By his will, after providing for the…
1Opinion of the CourtChief Justice Mercur
The testator, under whom both parties claim title, blended his residuary estate, real, personal and mixed, and gave and devised the same to his five children, share and share alike. This,' by implication, made the legacies a lien oh the residuary estate. Although the personal estate may have been sufficient to pay the debts and the- legacies, yet if not applied to the latter, they remain a charge on the real, estate, and are *142entitled to payment out of the proceeds, when sold on an execution against the residuary devisee: Bank v. Donaldson 7 W. & S. 410. The injustice of permitting such a…
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