6 Watts 85
Decided May 15, 1837
Supreme Court of Pennsylvania · decided 1837-05-15
Debt for a legacy. Nicholas Nieman against the executors of Frederick Bentz, deceased. — The testator by his will bequeathed to the plaintiff a legacy of 100 dollars, and to others pecuniary legacies of a certain amount, and the residue of his estate to John Malone and John Myers, whom he named as his executors. A caveat was entered against the probate of the will, and an issue was directed to try its validity.
Decided 1837-05-15
¶1A residuary legatee can demand contribution for nothing. He gets but the fragments when every one else has been served. The costs and charges of settling the estate come out of it in the first instance; then the specific and pecuniary legacies are paid in their order: and finally, if any thing is left he gets it, but no one abates for him because his interest is dependent and indefinite.
¶2Judgment affirmed.