Blumberg's Estate

Citations

• 36 Pa. Super. 649
• 1908 Pa. Super. LEXIS 224

Syllabus

<p>Wills — Legacy—Absolute gift — Cutting down gift.</p> <p>A clear gift by will or codicil will not be cut down by subsequent words or codicil, except to the extent which, with equal clearness, is thus indicated.</p> <p>Testator gave a legacy of $1,000 to a school “towards establishing a sinking fund, the interest of which shall be'used towards liquidating any debts, or towards the proper support of said school. This bequest may be changed or modified by my executrix hereinafter named, according to circumstances and contingencies that may arise.” The executrix, his wife, was given all of the residue of the estate for her life with remainder to testator’s two children. Held, that the executrix might change or modify the application of the legacy to the school, which was absolute, for 11,000 in cash as provided for in the will, but might not reduce the amount thereof.</p>