Estate of Yost

Citations

• 134 Pa. 426
• 19 A. 692
• 1890 Pa. LEXIS 721

Syllabus

<p>[To be reported.]</p> <p>1. When a testator gives to one, towards whom he does not stand in loco parentis, a legacy vested but payable at a future day, the question whether the legatee is entitled to interest accruing upon the legacy before the date fixed for payment, depends upon the testator’s intent to be gathered from the whole will.</p> <p>(a) A testatrix, giving to each of the children of another a legacy of a certain sum to be paid to them respectively on arriving at full age, the share of any dying without issue during minority to go to the survivors, directed a sale of all her property as soon as convenient after her decease, and bequeathed the residuum to a charity:</p> <p>2. In such ease, time having been annexed to the payment over to the legatees, and not to the gifts of the legacies, it was apparent that the testatrix intended that the legacies to the children should vest, and there was nothing in the will to prevent the immediate vesting of the Same in the legatees.</p> <p>3. Wherefore, as the will indicated no purpose to keep the estate unsettled for the benefit of the residuary legatee, but the contrary, and expressed no clear intent to give to the residuary legatee the earnings of the legacies to the children, during their minority, the latter were entitled to such earnings.</p> <p>4. In such case, the executor of the will, upon fully discharging his duties as executor, became a testamentary trustee to invest the money for the minor legatees, and must account as trustee to their guardian, or; if there be none, to themselves at their majority, for the income earned thereby.</p>