Forepaugh's Estate

Citations

• 199 Pa. 484
• 49 A. 236
• 1901 Pa. LEXIS 642

Syllabus

<p>Will—Legacy—Abatement— Widow.</p> <p>' Where a testator bequeaths to his wife in lieu of dower the interest of a sum, which turns out to be larger than his whole estate, with disposition over of the principal amongst his surviving brothers and sisters, and also bequeaths the interest of a smaller sum to an adopted daughter, and the whole estate is awarded in trust to the widow, her legacy not abating, the adopted daughter upon the death of the widow has the right to have awarded to her for life a proportion of the estate ascertained by comparing the amount of the daughter’s legacy with the amount of the widow’s legacy specified in the will. In such a case the privilege accorded to the widow, who, by virtue of her dower, is regarded as a purchaser, is purely personal, and does not extend to the brothers and sisters, who are volunteers.</p>