Testator  bequeathed  to  his  favored  niece,  whom  he  had  brought  from
Germany  to  be  his  housekeeper  and  with  whom  he  had  lived  for  nearly
thirty  years,  "all  my  personal  property  of  every  description,  *  *  *  in-
cluding bonds,  mortgages,  certificates  of  stock,  household  furniture,  jew-
elry, ornaments  and  articles  of  decoration"  absolutely.  He  gave  the  gen-
eral residue  to  others  and  authorized  his  executrix  to  sell  his  realty  to
the  best  interest  of  the  estate;  held,  this  was  a  specific  legacy,  and  the  debts,
expenses  and  other  legacies  were  payable  out  of  the  proceeds  of  realty.
Gruner's  Est.,  49  Pa.  C.  C.  642,  29  Dist.  1095.
Where  testator  devised  all  the  residue  of  his  estate  to  his  wife  for
life  "'subject  to  the  above  devise  and  bequests  to  my  brother  and  my  sis-
ters," and  further  directed  that  his  wife,  if  she  elected  to  take  under  his
will,  "shall  execute  such  acquittance  or  acquittances  as  may  be  necessary
for  vesting  in  my  said  brother  and  sisters  the  devise  and  bequests  herein
made  to  them ;  it  was  held  that  the  legacies  were  a  charge  upon  the  real
estate  on  failure  of  the  personalty  as  under  Section  17  of  the  Wills  Act
of  1917,  no  contrary  intention  could  be  gathered  from  the  express  terms
of  the  will.
Where  even  it  does  not  abundantly  appear  from  the  whole  will  that  tes-
tator did  not  intend  to  exempt  his  land  from  the  payment  of  pecuniary
legacies  and  the  law  stood  to-day  as  it  was  prior  to  enactment  of  Section
17  of  the  Wills  Act  of  1917,  the  fact  of  the  blending  of  all  his  estate  for
the  purpose  of  distribution  would  require  the  construction  to  sustain  the
contention  that  the  legacies  are  chargeable  upon  the  land  on  failure  of
the  personalty.
