Levy's Estate

Opinion by

Mr. Justice Schaefer,

Shall carrying charges of unproductive real estate, part of a decedent’s estate, be paid out of income or principal? The Orphans’ Court differed in opinion on the question, a majority of the judges laying down the general rule that they should be paid out of principal in all cases, whereas the dissenting minority opposed a general rule, and in substance expressed the view that the matter should be adjudicated, in each instance when it arises, according to the equities as between income recipients and those entitled to principal. We agree with the latter view.

By…