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.
OPINION PER CURIAM, November 25, 1958:
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.