Legal Opinion

Rutt's Estate

Superior Court of Pennsylvania

Decided February 28, 1908No. Appeal, No. 24Published

Appeal, No. 24, Oct. T., 1907, by George O. Rutt and Hettie Rutt, Administrators of the Estate of David Rutt, deceased, and George 0. Rutt, from decree of O. C. Lancaster Co., Oct. T., 1905, No. 6, dismissing exceptions to adjudication in Estate of Henry Rutt, deceased. Exceptions to adjudication. Smith, P. J., stated the facts to be as follows: The essential parts of the decedent’s will are as follows: “First.

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Appeal, No. 24, Oct. T., 1907, by George O. Rutt and Hettie Rutt, Administrators of the Estate of David Rutt, deceased, and George 0. Rutt, from decree of O. C. Lancaster Co., Oct. T., 1905, No. 6, dismissing exceptions to adjudication in Estate of Henry Rutt, deceased. Exceptions to adjudication. Smith, P. J., stated the facts to be as follows: The essential parts of the decedent’s will are as follows: “First. Saving excepting and reserving and subject and liable to as herein after mentioned, I give devise and bequeath unto my present wife Elizabeth (her Family name Zimmerman or Carpenter)…

1Opinion of the Court

Opinion by

Henderson, J.,

The question for our determination is whether the bequests provided for in the fourth and eighth paragraphs of the will of Henry Rutt are payable out of the decedent’s real estate. That they are a charge on the land is clearly apparent from a consideration of the sixth paragraph of the will and seems to be conceded in-the argument of the appellants’ counsel. It is contended, however, that they are first payable out of the personal estate and if that is not sufficient that the balance is payable out of the real estate, and that the charge on the land is only an…

2Cases cited5 opinions

  1. Yost v. McKeeSupreme Court of Pennsylvania · 1897
  2. Swoope's AppealSupreme Court of Pennsylvania · 1856
  3. Clery's AppealSupreme Court of Pennsylvania · 1860
  4. Hershey's EstateSuperior Court of Pennsylvania · 1902
  5. Sharpless's EstateSupreme Court of Pennsylvania · 1904

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