9 Watts 19 | Pa. | 1839
The opinion of the Court was delivered by
As the maintenance of the widow and daughter is “charged upon” and “payable out of” the estate devised, the remedy is in the orphans’ court, and not by ejectment, as is ruled in Donner v. Donner, decided at this term and not yet reported. Bear v. Whisler, 7 Watts 144, arises on a deed and not on a will, and in that respect is distinguishable from this. This is a case peculiarly fitted for equitable cognizance. The testator directs “ that his widow shall have a good and comfortable living, as long as she remains his widow, of (from) the farm.” He devises the farm to his son William, upon “condition that he shall maintain his wife and daughter, and pay the other legatees the sum which he directs they should have.” It would be almost impracticable for a court of common law to do complete justice,' in such cases, between parties; but this desirable end may be attained through the medium of the orphans’ court, which has the same power in the premises as a court of chancery. The doubt here, is, whether the widow is obliged to reside on the land, if she wishes the benefit of the bequest.. It would be better for all parties that she should
J udgment reversed.