Estate of DeSilver

Citations

• 142 Pa. 74
• 21 A. 882
• 1891 Pa. LEXIS 708

Syllabus

<p>,(«s) A testator bequeathed the one half of Ms residuary estate to Ms executor, in trust to keep the same invested and to pay the income to Ms brother and sister during their respective lives, the one half to each, and upon the death of either, to pay such one half of said income to his or her children.</p> <p>(6) The testator’s widow, for whom other provision had been made in the will and accepted by her, died; and after her death, the testator’s brother died without issue. An account of the trustee, presented for adjudication, showed a balance of income, only, ready for distribution:</p> <p>1. In such case, the one half of the income, though accruing after the death of the testator’s widow, was distributable to the surviving sister; one fourth, to the executor of the widow, and the remaining one fourth to the next of kin of the testator, or the personal representatives of such of them as had died.</p> <p>2. The rights conferred hy the intestate laws are taken away only by a will which effectually disposes of the entire estate of the decedent; and, while a construction which will lead to an intestacy is not to be adopted if it can be avoided, yet interpretation is never to assume the proportions of reformation: Per Penrose, J.</p>