Estate of Schmidth

Citations

• 183 Pa. 641
• 38 A. 1086
• 1898 Pa. LEXIS 1089

Syllabus

<p>[Marked to be reported.]</p> <p>Will — Intestacy—Residuary estate.</p> <p>Where a residuary clause is omitted in a will it is neither necessary nor proper to give the residue to some specific legatee upon a forced construction of words which do not indicate such a purpose in the mind of the testator.</p> <p>Testator by his will made two pecuniary bequests of $1,500 each to his two daughters and gave the residue of his estate to his wife for life. He then gave his sou C. $3,000, “ payable to him upon the decease of my said wife.” The next clause of the will was as follows: “ After my said wife’s decease, I give, devise and bequeath to my son F. my home farm, together with the appurtenances, fixtures, implements and all other articles, goods, chattels, etc., remaining on said farm, and belonging to my said estate and to his heirs.” There was no residuary clause. The condition of the estate was such as to justify the testator in supposing that the bequest to C. would exhaust the remainder of his estate. Held, that F. was entitled to only the personal property remaining on the farm, and was not entitled to a residue in money remaining in the hands of the executor which was otherwise undisposed of.</p>