12 R.I. 145 | R.I. | 1878
This case is submitted under the statute, Pub. Laws R.I. cap. 563, § 16, April 20, 1876, on an agreed statement subscribed by David Mathewson, administrator *146 on the estate of Elmira M. Streeter, with her will annexed, and by Horace C. Arnold, residuary devisee under the will.
The will first directs the payment of debts and expenses and an outlay of money on a burial ground. It then makes certain bequests, specific and pecuniary, to the amount of several thousand dollars. Then follows the residuary clause giving "all the rest, residue, and remainder of the estate and property, not hereinbefore disposed of" . . . . "of whatsoever name and nature, and wherever the same may be," to Horace C. Arnold, a son of the testatrix, who is named as executor.
The will was made September 27, 1877. The testatrix died October 6, 1877. She left property real and personal. The personal property is sufficient to pay debts. and expenses and to satisfy the specific legacies, but not the pecuniary legacies in addition thereto without resort to the real estate, which consists of several tracts of land.
The first question is whether the pecuniary legacies are a lien or charge on the real estate so that it may be resorted to for their satisfaction. We answer the question affirmatively. The residuary clause blends the real and personal estate in one fund, and gives only what remains after the debts, expenses, and legacies are paid. Gould v. Winthrop,
The second question is whether the administrator has authority to sell the real estate to pay the legacies. In other words, the question is whether such a power can be implied from the charge or lien which is implied. The question was considered *147
but not finally decided in Potter v. Brown,