Supreme Court of Pennsylvania, 1899

Balz v. Kircher

Balz v. Kircher
Supreme Court of Pennsylvania · Decided May 24, 1899 · Dean, Fell, Gbeen, McCollum, Mitchell
192 Pa. 63; 43 A. 392; 1899 Pa. LEXIS 879

Balz v. Kircher

Opinion of the Court

Per Curiam,

The jury found by their verdict that the legacies had never *69been paid, and this rebutted any presumption of payment arising from lapse of time. As the will expressly charged the legacies upon the property in question “until paid,” they necessarily remain a lien until actual payment has been made. We discover no error in the record and the assignments of error are all dismissed.

Decree affirmed and appeal dismissed at the cost of the appellant.

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