Estate of Gold

Citations

• 133 Pa. 495
• 1890 Pa. LEXIS 926

Syllabus

<p>(a) A testator’s personal estate consisted of two lots of ground, household goods, farm implements and live stock, farm crops, a note on which a balance of $750 was due from the executor, and the note of another person for $150. Ilis will gave to his wife all property remaining after payment of debts, “to have, hold, use, possess and enjoy the same during her lifetime,” and directed that after her death “ all the remaining property, of whatever kind,” be sold and divided amongst his children:</p> <p>1. The testator’s wife was the first object of his bounty; ho intended she should consume so much of the personal property, including the two notes, as might be necessary for her support during her lifetime, and that only what was left should go to the children; wherefore, the executor, having paid to the widow, for her use in the way of maintenance, the amount of the note the testator held against him, was entitled to credit therefor in his account: Markley’s Est., 132 Pa. 352, followed; Hofius v. Hofius, 92 Pa. 805, distinguished.</p>