Appeal of Getz

Citations

• 125 Pa. 611
• 23 W.N.C. 562
• 17 A. 480
• 1889 Pa. LEXIS 759

Syllabus

<p>(а) A testator bequeathed the one half of his residuary estate to his executor, in trust to keep the same invested and to pay the income to his brother and sister, during their lives, the one half to each, and upon the death of either to pay the one half of said income to his or her children.</p> <p>(б) The widow of the testator, for whom other provision had been made in the will, died, and subsequently- the testator’s brother died without, issue, and at the adjudication of the trustee’s account it ap2)eared that the balance of income for distribution was but $1.74.</p> <p>1. It was not error for the court to direct this balance of income to be retained by the trustee to be thereafter accounted for, and, whether the surviving sister was entitled to the whole of the income during her life, would be determined when there was income for distribution.</p> <p>2. Until the death of the brother, it could not be known that he would leave no issue, and the widow having died before him, query, whether any 2iortion of the income accruing after the death of the brother would be payable to the widow?</p>