Markley's Estate

Supreme Court of Pennsylvania
Markley's Estate, 148 Pa. 538 (Pa. 1892)
24 A. 75; 1892 Pa. LEXIS 1021
Green, Hevdrick, Mitchell, Paxson, Williams

Markley's Estate

Opinion of the Court

Per Curiam,

It is settled by abundant authority that where real and personal estate are blended in the residuary clause of a will, the legacies are a charge on the real and personal estates so blended: Gallagher’s Ap., 48 Pa. 121; Brisben’s Ap., 70 Id. 305; Davis’s Ap., 83 Pa. 348. To these authorities may be added one case, decided at the present term, and not yet reported.* The appellant contended, however, that the dwelling house, No. 112 S. 21st St., did not come within this principle, although embraced within the residuary clause, for the reason that it was specifically devised. We do not see anything in the will to take it out of the operation of the general rule. There is merely a direction that the furniture in said house shall not be converted into money so long as the house will rent furnished more advantageously than otherwise. It is nevertheless a part of the residuary estate, and the will authorizes the trustee to sell it at either public or private sale, and to hold the proceeds under and upon the same trusts therein declared as to the residuary estate.

The decree is affirmed, and the appeal dismissed, at the costs of the appellants.

See Bennett’s Estate, ante, p. 139.

Reference

Full Case Name
Markley's Estate. Geist's Appeal
Cited By
6 cases
Status
Published
Syllabus
Will — Legacies—Blending of realty and personalty. Where real and personal estate are blended in the residuary clause of a will, the legacies are a charge on the real and personal estates so blended. The will of testatrix expressly included in the residue of her estate her dwelling house, directing that the personal property included in the residue should be converted into money, with the exception of the furniture in her dwelling house, which should be retained so long as in the judgment of her said executor the house would rent more advantageously furnished than otherwise, with power of sale of said house to her executor. Testatrix had no other real estate than the house in question, and her personal property being insufficient to discharge the legacies, it was Held, That the same must be paid by a sale of the dwelling house.