Legal Opinion

Henderson's Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided May 28, 1937No. 563 of 1936Published

1Opinion of the Court

Stearne, J.,

The question raised by the petition and answer is whether pecuniary legacies given by the will are charged upon the real estate.

The Wills Act of June 7, 1917, P. L. 403, sec. 17, provides :

“All pecuniary legacies contained in any will shall be charged upon, and payable out of, any real estate not specifically devised, where the personal estate is insufficient fob their payment”. (Italics ours).

A residuary legatee (respondent) maintains that the real estate in question was specifically devised to her under the language of the residuary clause, which reads as follows:

“All the rest,…

2Cases cited2 opinions

  1. Reel's EstateSupreme Court of Pennsylvania · 1920
  2. Bell's EstateSuperior Court of Pennsylvania · 1928

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