Estate of Bruch

Citations

• 185 Pa. 194
• 39 A. 813
• 1898 Pa. LEXIS 691

Syllabus

<p>Wills — Legacies—Restraint upon marriage.</p> <p>A bequest of the income of $5,000 to Elizabeth Hamlin “ so long as she remains single bearing the name of Elizabeth Hamlin, ” is not upon a condition in restraint of marriage, but merely on a limitation as to time; and if the legatee marries, her right to the income ends.</p> <p>Trusts and trustees — Execution of trust — Bequest of interest — Limitation —Remainder.</p> <p>Where a trust is unnecessary to protect any interest in remainder, the estate is executed by the statute in the remainderman.</p> <p>A bequest of the interest of the fund without limitation is a bequest of the fund itself.</p> <p>Testator directed as follows: “I bequeath five thousand dollars to Elizabeth Hamlin, that is the yearly income as long as she remains single bearing the name of Elizebeth Hamlin and after her death to go to the ‘ Sematary ’ fund to keep my ‘ graven ’ in repair.” Held, that upon the marriage of Elizabeth Hamlin, the principal sum of $5,000 vested immediately in the cemetery fund.</p>