Price v. Price

1. Testator devised and bequeathed to his wife all his real and personal estate for life, with power of disposition, but provided that if she died intestate “ my property ’ ’ be distributed according to the following bequests. Then followed a devise of certain land, and several bequests, after which were direetions to be followed in case “my property” fall short of the bequests, or “my estate ” exceed the bequests. A codicil confirmed the will, except as disposition of “my property” is changed by the codicil, and finally expressed the-hope that, as there were no debts against his estate, the legacies would be paid without such waste as would call for large sacrifice of real estate or undue-pressure in collection of mortgages. — Held, that testator intended his real estate to be included in the property which was to go to pay the bequests. 2. In construing a will to determine whether testator intended his legacies to he charges on the real estate, the fact that the legacies fai exceeded the-personal property may be considered.

On appeal from, a decree advised by -Vice-Chancellor Pitney, in Price, Executor &c., v. Price et al. The bill in this case was filed by the executor, asking for the construction of the will, and the contest was between certain legatees and the devisees of the real estate as to whether the legacies were charged on the real estate.