Cable's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Allegheny county: Of October and November Term 1879, No. 8. Appeal of Edward Cable from the decree of the court directing the payment by appellant of a certain legacy out of land devised by John Cable, deceased. John Cable died in December 1876, leaving a will, which contained the following provision:— “ First.
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Appeal from the Orphans’ Court of Allegheny county: Of October and November Term 1879, No. 8. Appeal of Edward Cable from the decree of the court directing the payment by appellant of a certain legacy out of land devised by John Cable, deceased. John Cable died in December 1876, leaving a will, which contained the following provision:— “ First. I give and bequeath unto my two sons, John and Edward Cable, all my farm, after my death, to them so long as they do live, and after their death to their children. But the said John and Edward Cable is to pay to my four daughters as follows: to Eliza…
1Opinion of the CourtChief Justice Sharswood
It is well settled that a mere direction by a testator that a devisee shall pay a legacy does not thereby create a charge on land. There must be something more, express words or necessary implication from the whole will that such was the intention. In the case before us there are certainly no express words or charge. It is contended, however, that it is necessarily implied from the words following the devise to John and Edward Cable, “but the said John and Edward Cable is to pay.” But how do those words evince more than the intention that if his sons accept the devise they shall be personally…
2Cited by5 opinions
- Hammond's EstateSupreme Court of Pennsylvania · 1900
- In re Estate of MitchellSupreme Court of Pennsylvania · 1897
- Loesch's EstatePennsylvania Orphans' Court, Erie County · 1935
- Tillia's EstatePennsylvania Orphans' Court, Lawrence County · 1922
- Timothy's EstatePennsylvania Orphans' Court, Philadelphia County · 1926