Estate of Machemer

Citations

• 140 Pa. 544
• 21 A. 441
• 1891 Pa. LEXIS 869

Syllabus

<p>(a) A testator bequeathed all his estate to his wife, for her use as long as she remained his widow. If she should marry again, she was to have “ only what the law allows her.” If she should desire the land to be sold, his executor was to sell it, the proceeds to be invested for her use for life or as long as she remained his widow.</p> <p>(b) The remainder, after the widow’s death, was bequeathed to charities. These bequests lapsed, however, by reason of the testator’s death within thirty days after the execution of his will. Accepting under the will, the widow afterwards re-married and died the widow of another, leaving a will duly admitted to probate:</p> <p>1. In such c.ase, the direction to sell being contingent, the will did not create an equitable conversion, so as to entitle the executor of the widow to the proceeds of the land sold by the testator’s executor, in pursuance of the request of the widow made in her lifetime.</p> <p>2. Moreover, the widow having re-married and died without having made claim to the exemption provided by § 5, act of April 14,1851, P. L. 618, her executor was not entitled to make claim therefor: the right under the statute is a privilege to retain, not an absolute transfer of a part of the estate.</p>