Frisbie's Estate

Citations

• 266 Pa. 574
• 109 A. 663
• 1920 Pa. LEXIS 617

Syllabus

<p>Wills — Construction—Circumstances of testaitor — Life estate to widow — Power to consume — Remainders—Widow’s claim for $5,-000 under Act of April 1, 1909, P. L. 87 — Appraisement.</p> <p>1. While the courts should search for the intent of the testator only “within the four corners of the will,” yet, when occasion calls for it, they must consider the will and interpret its meaning in the light of all the circumstances by which testator was surrounded when lie made it, and, to this end, Ms family, and the amount and character of his property, may and ought to be taken into consideration.</p> <p>2. Testator died on June 24,1917, leaving to survive him a widow and half-brothers and half-sisters, but no father, mother, children or descendants. By the first clause of his will, he devised all of his real estate to his widow for “the period of her natural life,” and by the second clause bequeathed his personal property to her to use the income during her natural life; with the right to consume the principal when “necessary for her maintenance.” He then provided as follows: “All the rest, residue and remainder of my estate, real, personal and mixed, subject to the life .estates heretofore devised and bequeathed to my said wife, I give, devise and bequeath unto such persons as shall be entitled to receive the same under the intestate laws of Pennsylvania.” The widow elected to take under the will. She then sought to have set aside to her, out of the residue, and as her share thereof, real and personal property to the value of $5,000, according to the Act of April 1, 1909, P. L. 87. The property was duly appraised, and all of the real estate and part of the personal property was set aside to her. The appraisement showed that the value of the real estate was much less than $5,000. By agreement between the widow and the heirs, the value of the whole estate, real and personal, was fixed at $45,000, and there was nothing to show that, at the time the will was written, testato