Estate of Heppenstall

Citations

• 144 Pa. 259
• 22 A. 860
• 1891 Pa. LEXIS 606

Syllabus

<p>(as) A testator gave all Ms estate, real and personal, to Ms wife “ during her natural life, or so long as she remains my widow, to be applied by her for her own proper use and for the maintenance and education of the minor cMldren; ” with power in his executors to sell and dispose of any part of said property, if necessary, for that purpose.</p> <p>(5) He provided, further, that, after the death or re-marriage of his said wife, “ all the then remaining part of my estate, real and personal, of what kind or nature whatsoever.....be sold and disposed of,” and the proceeds thereof divided among Ms ten children. The widow was one of the executors to whom letters testamentary issued:</p> <p>1. In such case, the widow took the right of possession and use of the testator’s personal estate, as widow and legatee, and not as executrix: Markley’sEst., 132 Pa. 352; Gold’s Est.,133 Pa. 495 ; and on her death, the surviving executor was chargeable only with such personal estate of the testator as was then remaining.</p> <p>2. The widow was not confined to the income and interest of the estate devised. Nor, could she have been required to give security as a life-tenant: Hambright’s App., 2 Gr. 320. And, without accountability to any one, she had power to sell in her own way any part of the personalty she might think profitable and proper to sell: Per Bittenger, J.</p>