Miller's & Bowman's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Schuylkill county: No. 310, to January Term 1869. In tbe estate of Samuel Heilner, deceased.
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Appeal from the decree of the Orphans’ Court of Schuylkill county: No. 310, to January Term 1869. In tbe estate of Samuel Heilner, deceased. The decedent died on the 5th of December 1855, having made a will, which was proved on the 20th of the same month, by which, amongst other things, he provided as follows:— “ First, I give and bequeath to my beloved wife Mary all my household furnitures and all the residue of my personal property as well as all my real estate for her use, she to draw all rents and intress that may become due on the same all outstanding debts and judgements which can be…
1Opinion of the Court
The opinion of the court was delivered,
by
Thompson, C. J.
It seems to us, after due consideration, that the auditor and court below were fully justified by the terms of the will of Samuel Iieilner, deceased, in holding that he created no special charge and trust for the payment of debts upon his real estate. He seems to have supposed that his personal estate was ample for that purpose, and more; for after the clause providing for the payment of his “ honest debts,” he appropriates or devises the interest on outstanding debts and judgments to the comfortable maintenance of his wife and daughter;…
2Cited by2 opinions
- In re Estate of MitchellSupreme Court of Pennsylvania · 1897
- Luckenbach v. LuckenbachSupreme Court of Pennsylvania · 1896