Buchar's Estate

Citations

• 225 Pa. 427
• 74 A. 237
• 1909 Pa. LEXIS 677

Syllabus

<p>Executors and administrators — Discretion—Fraud—Will.</p> <p>Where a testator by his will gives a portion of his estate to his son “at such time and when my executors, or the survivors of them shall decide that in their judgment he is competent morally to have control of the same,” the court will not interfere with the discretion placed in the executor without clear and adequate cause, but it will interfere and direct possession be given to the son where an auditor finds from competent and sufficient testimony that the son was of business capacity, competent to accumulate and take care of his property, that the executrix, his sister, was very hostile to him and that by retaining possession of the estate until her brother’s death without issue, she would be entitled to half of it absolutely.</p>