Appeal of Ursinus College

Citations

• 1 Monag. 196
• 1889 Pa. LEXIS 1276

Syllabus

<p>A testator bequeathed $1,250 “ in trust safely to invest at interest, to be used as my nephew requires it to complete his studies in Ursinus College. In case my nephew wishes to discontinue his studies in the said college, the said amount, or what may be left of it, I give and bequeath to the said College for beneficial educational purposes.” At the adjudication of the account of the executor, evidence was offered to prove, and the auditing judge found, that the nephew entered Ursinus College before testator executed his will, and remained there for seven years during testator’s lifetime; that he graduated from the collegiate department and entered the theological department, which he left without completing the course; that testator paid the nephew’s expenses, amounting to $1,295, while at college, giving the money to the nephew in the shape of cheeks, which were paid over by the nephew to the college. Held, that the payment of the nephew’s college expenses operated as an ademption of the legacy.</p>