Fidler v. Lash

Citations

• 125 Pa. 87
• 17 A. 240
• 1889 Pa. LEXIS 694

Syllabus

<p>(á) The will of a testator gave and bequeathed all his estate, real, personal and mixed, to his wife, for her sole use so long as she lived; alter her death the remainder of the estate was to be divided as follows: to a legatee 825, and to two others, each one half of the estate remaining, in fee. The will next provided :</p> <p>(6) “And lastly, I do hereby order that if my executors hereinafter see proper so to do, the real estate may be sold by him, and the money accruing therefrom together with all other moneys, is to be put out at interest, and the Interest paid over to my wife every year. If the interest is not sufficient for her support, she can use such of the principal as is necessary.”</p> <p>1. As the sole object of the power to sell was to provide for the support of the testator’s widow, in case the executor considered it necessary to sell for that purpose, the power was exercisable only during the widow’s lifetime, and a sale made under the power after her death passed no title to the executor's vendee: Wilkinson v. Buist, 12 i Ba. 258.</p>