Gaertner's Estate

Citations

• 55 Pa. Super. 167
• 1913 Pa. Super. LEXIS 335

Syllabus

<p>Will — Construction—Legacies—Distribution.</p> <p>Testator directed that upon the death of his wife his executor and trustee should pay his sons E. and F. each the sum of $1.00, and T. $15,260, and also gave T. two-thirds of the residue of his estate, and left the other one-third of the residue in a spendthrift trust for F. Following these dispositions he said; “The several amounts which I heretofore gave to my said three sons viz.: to F. $15,700 to T. $8,070 and to E. $8,070,1 gave to them as future advances.” On the first distribution of the estate the legacies of $1.00 each were paid to E. and F. and $7,320 on account of T.’s legacy of $15,260, leaving a balance due on T.’s legacy of about $8,000. On the filing of the second account of the trustee there was a small sum of less than $300 for distribution. Held, that the fund should be paid to T. on account of the balance due on his legacy, and this whether the sums given to the three sons in testator’s lifetime were advances or not.</p>