Estate of Dull

Citations

• 137 Pa. 112
• 20 A. 418
• 1890 Pa. LEXIS 958

Syllabus

<p>(as) A testator, after a provision giving liis widow, for life, one third of the income of his land and of the proceeds thereof when sold, directed that all his residuary estate, real and personal, should be divided into eight equal shares, “ after one third thereof shall first have been reserved and secured for the purpose of paying the interest thereof to my wife.”</p> <p>(&) One share he directed to be reserved and kept invested by his executors, the proceeds, and so much of the principal as should be necessary, to be applied by them to the maintenance of his son Joseph, during his life, his said son to have no control of it, nor should it be liable for his debts, and at his death it should go.to “ his heirs: ”</p> <p>1. The testator did not die intestate as to the one third of his residuary estate reserved for securing the interest thereon to his widow; the reservation meant no more than that the one third, so deducted, should not be paid over to the legatees so long as the widow should live.</p> <p>2. The estate provided for Joseph did not become absolute by force of the words “ his heirs,” in the limitation over at his death; wherefore, no part thereof remained at his death, in the shape of property or money which his administrator was entitled to receive.</p>