Estate Of Elizabeth Beck

19 A. 302 (1890)

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Nature of the Case

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Facts

Elizabeth Beck, the testatrix, died on September 29, 1887. She bequeathed to her step-daughter, also named Elizabeth Beck (D), certain chattels, and provided further: '3. I do hereby give and grant to my executor full power and authority to sell my real estate at public sale, wherever the same may be situate, on such terms as he may consider best, and to execute deeds in fee-simple for the same.' '5. After payment of my debts, funeral expenses and expenses of settling my estate, I give, devise and bequeath to my children, .... and to my step-daughter, D, in equal shares, the proceeds arising from the sale of my real and personal property, . and provided, further, that the share given to D is in consideration of work done and her faithful attendance upon me during my illness. And whereas, D was unfortunate in business transactions, whereby she became indebted, part of which still remains unpaid, and having no means to pay the same, now it is my will, that the above equal share in my estate, as well as the specific bequest given to her, are given to her expressly upon condition that they shall not be liable to be attached or seized for the debt or money which D may owe at the time of my decease, but that the whole amount of her share shall be paid directly to D by my executor, without diminution for the payment of her said indebtedness.' Soon after the admission to probate of the will of the testatrix, P issued an attachment execution. The court held that D’s share of the estate was not subject to attachment. P appealed.