Espy's Estate
Supreme Court of Pennsylvania
Appeal, No. 126, Oct. T., 1903, by Sarah Agnes Espy, from decree of O. C., Washington Co., Feb. T., 1903, No. 66, dismissing petition'to sell real estate in estate of James Espy, deceased. Petition to sell real estate. Demurrer to petition. Taylor, P. J., found the facts to be as follows: The decedent died in June, 1883. The following was probated as his last will and testament. “ In the name of God amen, I James Espy of Canonsburg. Washington County Pa.
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Appeal, No. 126, Oct. T., 1903, by Sarah Agnes Espy, from decree of O. C., Washington Co., Feb. T., 1903, No. 66, dismissing petition'to sell real estate in estate of James Espy, deceased. Petition to sell real estate. Demurrer to petition. Taylor, P. J., found the facts to be as follows: The decedent died in June, 1883. The following was probated as his last will and testament. “ In the name of God amen, I James Espy of Canonsburg. Washington County Pa. Being in usual health and sound mind and considering the uncertainty of life do make and declare this my last will and testament in manner…
1Opinion of the Court
Opinion by
Mb. Justice Mestbezat,
We think the learned judge of the orphans’ court properly disposed of the question involved in this case and that the appeal should be dismissed. His position is fully sustained by the authorities he cites.
It is well settled that unless a testator charges a legacy upon his real estate, his personal estate is the primary and only fund out of which it can be paid. It is conceded here that the testator did not expressly charge the legacy of the appellant’s decedent on his real estate, but it is claimed that, by a proper construction of the entire will, there is a…
2Cases cited1 opinion
- Estate of SchmidthSupreme Court of Pennsylvania · 1898