36 Pa. 11 | Pa. | 1859
The opinion of the court was delivered by
This will is merely a direction for the division of the testator’s estate among his heirs or children. Some are to have their share in money, others in land; and if the personal estate be not sufficient to pay the money shares, those who get
There is error also in bringing the suit in the name of the administrator with the will annexed. It is the duty of executors or their substitutes to discharge legacies so far as funds come to their hands. For deficiencies the legatees must proceed themselves against the devisees or their assigns, whose land is charged with their payment. We know of no law authorizing the executors to attend to this duty: 9 Casey 47.
Decree reversed, and petition dismissed at the costs of the complainants, and cause remitted to the Orphans’ Court that this decree for costs may be there enforced.