King's Estate
Supreme Court of Pennsylvania
Appeal, No. 110, Oct. T., 1906, by Jobu S. King, from decree of O. O., Allegheny Go., Sept. T., 1905, No. 8, awarding partition in Estate of Thomas King, deceased. Petition for partition. The facts are stated in the opinion of the Supreme Oourt. Error assigned was decree awarding partition.
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
The testator directed that his two sons, Jacob A. and John, *484should pay his debts which were a lien on his- property “ as soon as the same can conveniently be done,” for which they were each to receive $1,200 “ in addition to an equal share with all my other children.” If they failed to pay the debts then they- were only to receive an equal share of the estate. The gift of $1,200 was meant to reimburse the sons if' they paid the debts, but the direction was precatory merely, and did not imply a charge on the sons’ shares, whether they paid the debts or not.…
2Cases cited2 opinions
- Caldwell v. SnyderSupreme Court of Pennsylvania · 1896
- Appeal of RawleSupreme Court of Pennsylvania · 1888
3Cited by1 opinion
- Mitchell v. MitchellAppellate Division of the Supreme Court of the State of New York · 1910