Ammon's Estate

Citations

• 269 Pa. 159
• 112 A. 69
• 1920 Pa. LEXIS 785

Syllabus

<p>Wills — Husband’s election to tahe against will — Acceleration of residuary bequests — Legacy—Life estate.</p> <p>1. The rule that a husband’s election to tahe against his wife’s will, has the effect of Accelerating residuary bequests, does not apply to a case where the will of the wife gives to her husband the income from her personal estate “with certain exceptions, noted later,” and gives other devises and bequests, including a sum to be set aside, the income therefrom to be paid to a cousin, and in ease of the death or second marriage of such cousin to the latter’s son, with a further direction that, upon the death of testatrix’s husband, “all” the estate real and personal should be divided, and go to certain persons named.</p> <p>2. In such case, the gift to the cousin is a gift for life or until she marries, and is not affected by the election of the husband to take against the will, in the absence of a direction in the will that the trust for the cousin should be limited to the lifetime of decedent’s husband.</p> <p>3. The word “all” as used in the will, was evidently intended to include merely the property remaining after the bequests, previously given, had been satisfied.</p>