Disston's Estate

Citations

• 257 Pa. 537
• 101 A. 804
• 1917 Pa. LEXIS 775

Syllabus

<p>Wills — Construction—Devise to widow — Life estate — Election to take against will — Trust—Remainders—Acceleration—Intention.</p> <p>1. It is a general rule that devises or bequests, subordinate to a life estate in the widow and contingent upon her death, or payment of which is postponed until then, become presently payable upon her election to take under the intestate laws; and as to its effect upon all claims under the will, her election is equivalent to her death. Exceptions to this rule must depend upon the expression or unavoidable implication of a contrary intent of the testator.</p> <p>2. A testator is presumed to know that a widow’s statutory rights are paramount, and that she may take against his will, and he is presumed also to know that the election of the widow to take under the intestate laws is equivalent to her death for the purposes of distribution, and that, unless his will plainly indicates a contrary intent, remainders are accelerated accordingly.</p> <p>3. The literal provisions of a will may be departed from so as to carry out what appears to be a superior or preferred intent; but, when this is done, the object in view must always be to approximate as closely as possible to the scheme of the testator which has failed by reason of intervening rights or circumstances.</p> <p>4. Where a widow so long as she lives is to receive a part of the income of testator’s whole estate and the balance of income, during her life, is given to testator’s children, with remainders of principal to the same children at the widow’s death, her election to take under the intestate laws will terminate a trust created for the purpose of holding the estate intact for her benefit, and accelerate the estates of the children just as effectually as though the provision for the widow were that she was to enjoy the entire income during her life, and the fact that the remainders given to the children may be contingent, or that alternative remainders may be prov vided for in t