Hanna's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Somerset county. On the 27th day of January 1837, Robert McClintock made his last will and testament, in which, after making certain specific bequests of personal property to certain of his children named, for the purpose of equalizing them, the will proceeded:— “ I give and bequeath to my daughter Sally, intermarried with Laughlin McNeill, the sum of eight hundred dollars.
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Appeal from the Orphans’ Court of Somerset county. On the 27th day of January 1837, Robert McClintock made his last will and testament, in which, after making certain specific bequests of personal property to certain of his children named, for the purpose of equalizing them, the will proceeded:— “ I give and bequeath to my daughter Sally, intermarried with Laughlin McNeill, the sum of eight hundred dollars. Also, I give and bequeath to my daughter Polly, intermarried with James Silbaugh, the sum of eight hundred dollars. Also, I give and bequeath to my daughter Betsy, intermarried to Jonas…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
The personal estate is the primary fund for the payment of legacies. It is not relieved from liability in the first instance by a direction in the will making the legacies a charge on the real estate, unless that intention be indicated by the testator. When assets are received by the executor, sufficient to cover the expenses of administration, satisfy debts, and pay legacies, the real estate is discharged from further liability. The executor is a trustee for the legatees, and it is their duty to see that he makes a proper application of…
2Cited by7 opinions
- Kiebler v. McCutcheonSupreme Court of Pennsylvania · 1921
- Horn EstateSupreme Court of Pennsylvania · 1944
- Schrader v. SchraderSupreme Court of Iowa · 1912
- Henderson v. GrayNorth Dakota Supreme Court · 1914
- Borden's EstatePennsylvania Orphans' Court, Philadelphia County · 1936
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