243 Pa. 599 | Pa. | 1914
Opinion by
When this case was here before it was held that where a testator directs the indebtedness of a son to be charged against his share of the estate, such direction may be carried out through the process of partition by charging the indebtedness on the share of the son as owelty. The record was then remitted with the following direction: “In the present case the court below should proceed to determine and fix the amount of the indebtedness to be charged against the interest of William A. Dunshee, under the will of William Dunshee, deceased, and embody the result of its findings in its decree for partition” : Dunshee v. Dunshee, 234 Pa. 550. This direction was followed by the court below, and the indebtedness of William A. Dunshee to the estate of his father having been ascertained, it was charged against the share given him under the will. This is an end of the case unless the learned court below committed reversible error in its findings of fact or conclusions of law. After a most careful reading of the entire record, including all of the testimony introduced at the hearing, and the offers of testimony refused which have been assigned for error, our conclusion is that the case was properly decided. Appellant may and no doubt does feel aggrieved because
The same rule applies in general terms to the second question raised by appellant in the case at bar. We agree with the court below, as well as the appellee here, that appellant was not a competent witness to matters which occurred in the lifetime of the father and which affect the distribution of his estate now; and with the offers of his testimony refused, and properly so under the rule of all our cases, there is no evidence to show that the gas stock was held as collaterál, or that the father did not have the right to make sale of the stock as he did, or that he did not receive its fair value at the time of sale.
While the matters in controversy here might very well be taken into consideration by the interested parties (themselves in an adjustment of their differences, courts cannot disregard the plain provisions of the will in an attempt to work out the possible equities of those who feel aggrieved by what the father did.
Under all the circumstances of this case it is deemed but just and equitable that the costs of this appeal should be taxed as part of the costs of partition and it will be so ordered.
Decree affirmed. Costs to be included in the costs of the partition proceedings and paid accordingly.