Opinion
October 1, 1958.
November 25, 1958.
Wills — Construction — Intention of testator — Pecuniary legacy — General bequest.
Where testatrix provided in her will "I direct and will One thousand dollars ($1000.00) to Marsha Lynne Diehl" and in the following paragraph provided "I direct that the house at 1737 Buena Vista St. . . . be sold, and mortgage on 518 Taylor Ave., against Mary Juran, to the amount of $1500.00, and all monies in the North Ave. Building and Loan be equally divided between," seven named nephews and nieces; and further provided for the payment of funeral expenses not to exceed $600; and it appeared that when testatrix (age 82) executed her will she had, to her knowledge, only $607.28 in cash and realized that her real property would have to be sold in order to pay the funeral expenses plus the $1000 legacy to Marsha, a 4 year old grandniece who lived with testatrix, and it further appeared that testatrix had repeatedly told various persons that Marsha would inherit $1000 from her estate when she died, it was Held that (1) the will did not specifically devise the real estate or its proceeds, (2) such proceeds were a part of the residuary estate, and (3) the court below had properly decreed payment of the $1000 legacy to Marsha.
Before BELL, MUSMANNO, JONES and COHEN, JJ.
Appeals, Nos. 105, 106, 107, 108, 109 and 110, March T., 1958, from decree of Orphans' Court of Allegheny County, No. 3988 of 1956, in re estate of Emma M. Greenlee, deceased. Decree affirmed.
Same case in court below: 14 Pa. D. C.2d 627.
Audit of account. Before RAHAUSER, J.
Adjudication filed confirming account, exceptions to adjudication dismissed, and final decree entered. Exceptants appealed.
Clyde P. Bailey, with him John L. Bailey, John A. Byerly, Jr., and Weller, Wicks and Wallace, for appellants.
Joseph F. Weis, with him Weis Weis, for appellee.
The decree of the Court below is affirmed on the opinion of Judge RAHAUSER of the Orphans' Court of Allegheny County, costs to be borne by the appellant.