O'Donnell v. O'Donnell Gallagher

The Chancellor.

The main question in the case is whether the testator by a gift of all of his personal property to his brothers and sister exonerates such property as an asset for the payment of his debts, it-being shown by evidence that at the time of making his will his personal estate was to a large degree insufficient to pay his debts and his real estate ample for the purpose, and no change in this condition of his estate had occurred at his death four days after making his will.

There is in the will no evidence of testamentary intention to alter the established rule which makes the…