In re McCracken's Estate

• Court: Pennsylvania Supreme Court
• Writing for the Court: Lowrie
• Citation: In re McCracken's Estate, 29 Pa. 426 (Pa. 1857)
• Decision Date: 01 January 1857
• Parties: In re McCracken's Estate.

29 Pa. 426

In re McCracken's Estate.

Supreme Court of Pennsylvania.

APPEAL from the decree of the Orphans' Court of Allegheny county.

COPYRIGHT MATERIAL OMITTED

Collin and Barton, for appellants.

Jasper E. Brady, for appellees.

The opinion of the court was delivered by LOWRIE, J.

It is the residuary fund that is in court for distribution, and it must of course bear the burden of all debts not otherwise provided for, before it can be distributed to the residuary legatees: 24 State Rep. 20.

Then comes the question, was the debt due to Henry Socin a debt of the estate? We think it was; for though McCracken did not bind himself by covenant to pay the balance of the purchase-money due to Socin, yet by buying the equitable title, and getting the assignment of the articles from Springer, he impliedly undertook to pay the balance, and keep Springer clear of it. His debt or duty was directly to Springer, and through him to Socin.

It is important also to notice that this leads to a result accordant with the apparent intent of the testator, not to charge the devisees of the ground with the payment of the balance: 23 State Rep. 227. In giving the land, he speaks of it as though his title was complete, and most likely he expected to...