Estate of Lannon

PEESONAL LIABILITY OF DEVISEES FOB CHABGES IMPOSED BY THE WILL.

For Payment of Legacies.—It is a well-recognized rule that when real estate is devised with directions to the devisee to pay a legacy, an acceptance of the devise carries with it the personal obligation on the part of the devisee to pay the legacy as directed. This personal liability may be created by the testator directly, without charging the property: Mason v. Smith, 49 Ala. 71 ; Olmstead v. Brush, 27 Conn. 530 ; Mahar v. O’Hara, 9 Ill. 424 ; Spearman v. Foote, 126 Ill. App. 370 ; Appeal of Haworth, 105 Pa. 362 ; Anderson v. Hammond, 2 Lea (Tenn.), 281, 31 Am. Rep. 612 . But most frequently, perhaps, the charge is imposed upon the estate devised. In the latter case the devisee, upon acceptance, may none the less be personally liable, although the property is also bound; for the rule is that when realty is devised, charged with the payment of legacies, the devisee is personally liable to pay the legatees if he accepts the devise: *417 Dunne v. Dunne, 66 Cal. 157 , 4 Pac, 441 , 1152; Olmstead v. Brush, 27 Conn. 530 ; Burch v. Burch, 52 Ind. 136 ; Duke of Richmond v. Milne’s Exrs., 17 La. 312 , 36 Am. Dec. 613 ;…