Fetter Estate

Opinion by

Rhodes, J.,

The question for decision is whether a legacy to the City of Philadelphia under the last will and testament of George W. Fetter, who died in 1909, is charged upon the real estate of the testator.

The personal estate was insufficient to pay the legacy. The balance of the personal estate and the proceeds of the real estate sold were awarded to the City, Acting by the Board of Directors of City Trusts. Exceptions to the adjudication by the nephews and nieces of the testator were dismissed by the court in banc; a schedule „of distribution was filed in accordance with the…