Estate of Schmidt

Citations

• 185 Pa. 579
• 40 A. 93
• 1898 Pa. LEXIS 755

Syllabus

<p>Will — Construction of — Life estate.</p> <p>Testator devised Ms whole estate after his wife’s death to his two children M. and II., “their heirs and assigns, share and share alike.” He further directed as follows: “And in case my said (son) II. shall die unmarried and leaving no children, 1 desire and bequeath his one half unto my daughter M., and after her decease of my said daughter M., I give and bequeath all the same unto her my daughter M.’s own produced then surviving children, and it is my will and devise that as soon after my daughter M.’s death the youngest of her children is twenty-one years of age, the whole of the property shall be sold, at public or private sale and the whole amount of purchased money shall be devited to my said daughter M.’s then surviving children share and share alike.” Held, that the qualifying clause relating to M.’s children and the sale of the property had reference only to the share which M. might take if II. died unmarried and leaving no children, and had no reference to the absolute interest in one half of the estate previously given to M.</p> <p>Jurisdiction — Orphans' court — Judgment against legatee.</p> <p>The orphans’ court has no jurisdiction to examine into the validity of a judgment against a legatee, where it appears that a rule had been obtained to open a judgment, but that it had been discharged, and that the litigation relating to the judgment was at an end.</p> <p>Executors and administrators — Counsel fees — Discretion of orphans' court.</p> <p>What is a proper allowance for the counsel fee for an executor or administrator is a matter largely within the discretion of the orphans’ court, since that court has a better opportunity than the Supremo Court has to investigate and determine such a question.</p>