59 Pa. 99 | Pa. | 1868
The opinion of the court was delivered, May 27th 1868, by
There can be no question that under the authorities in this state the legacy to Margaret Okeson in the will of her father Nicholas Okeson, was not a charge upon the land devised to his son Samuel Okeson, nor upon the devisee in respect of the land. It is certainly true that no particular language is necessary to create such a charge. The intention of the testator is to be carried out wherever it is discoverable from anything contained in the instrument. But there must be something
There was then no consideration for the promise of Samuel Okeson beyond the amount of personal assets in his hands as executor after the payment of debts. Had there been any independent consideration, such as forbearance, it would not matter whether there were assets, or of what amount., The cases appear to hold that on a promise by an executor or administrator to pay a legacy or distributive share in consideration of assets, the consideration and promise must be co-extensive: Rann v. Hughes, 7
Decree affirmed at the costs of the appellant.