Estate of Fell
Citations
- 6 Pa. Super. 192
- 1897 Pa. Super. LEXIS 335
Syllabus
<p>Will — Bequest of interest a bequest of the fund — Life estate.</p> <p>A bequest of the interest of a fund, without limitation as to time, is a bequest of the fund itself, unless there is something to show a different intention.</p> <p>In cases of doubt or indefiniteness the fact that there is no bequest or limitation over is usually held decisive in favor of the view that the first taker is entitled to an absolute estate in the fund.</p> <p>The bequest was of interest on a certain bond to Leah and Rachel during their lives, and in case of death of either of them the survivor to have all it draws for life. Held, on the death of the survivor the principal was payable to her administrators and not to the next of kin of the decedent.</p>
Judges: Beaver, Ham, Oready, Porter, Reeder, Rice, Smith, Wick, Wickham
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