13 Pa. Super. 251 | Pa. Super. Ct. | 1900
Opinion by
Little can profitably be added to what has been said in the opinion of the court below. The provision for Patrick Moran is not in the form of a substantive gift, but only of a direction to pay twelve years after the decedent’s death. He died six years after the decedent. It is claimed that the legacy is contingent on, the survival of the legatee until the time fixed for
It is furthermore clear that the legacy was a charge upon the land. To make a legacy a charge it is necessary that it should be so declared by express words, or be inferable from-the whole will that such was the intention of the testator: Shark’s Estate, 7 Pa. Superior Ct. 372; Brandt’s Appeal, 8 Watts, 198. If it appears from the language of the will that the testator intended to couple the payment of the legacy by the devisee with the devise of the land, so that the payment is to be made because, or as a condition on which, the devise has- been made, then the real estate devised is, in equity, chargeable with the payment of the legacy. In such a case the payment of the legacy is a condition on which an unincumbered title vests in the devisee. This statement of the law has been approved in Wise’s Estate, 188 Pa. 258. See also Holliday v. Summerville, 3 P. & W.
The decree is affirmed.