Appeals of Fletcher

Citations

• 125 Pa. 352
• 17 A. 340
• 1889 Pa. LEXIS 724

Syllabus

<p>1. A petition for review will not be allowed where it appears that the petitioner instructed her counsel not to appear for her at the audit; that no exceptions were filed on her behalf, and the adjudication was confirmed absolutely; that ayear had elapsed since the confirmation of the account, and that distribution had actually been made as directed by the adjudication.</p> <p>(а) A testator, the bulk of whose estate was in a firm of which he was a member, had advanced to a married daughter, one of five children, $10,000, and in his will directed his moneys in the firm to remain there for five years or while the senior member continued a partner thereof, the firm to give their obligation for the money and paying the interest to the executors, “ for the benefit of my wife, Mary Y. and my children.”</p> <p>(б) He further provided that at the end of five years, or on the withdrawal of the senior partner of the firm, his executors were to withdraw all his moneys therefrom, and. $40,000 thereof they were to invest and as each of four of his children should arrive at the age of 21 years, he or she was to be paid by them one equal fourth part of said sum with its accumulations, absolutely.</p> <p>(c) He then gave to his executors, in trust for his five children, $100,000, one fifth to each of them, and directed that the interest during the minority of his children should be paid to his wife for their clothing, maintenance, education and support, and by a subsequent clause of his will he gave the residue of his estate to his wife absolutely.</p> <p>(d) The firm refused to retain the testator’s moneys at the rate of interest designated by him and paid over to the executors $163,504, with their due-bill for the payment of the balance, to wit, $187,500, on demand; whereupon the married daughter claimed that the whole estate constituted a single fund, tobe invested and the income thereof to be divided to the widow, herself and the other four children, to each one sixth.</p>