Gingrich's Estate

Citations

• 226 Pa. 9
• 74 A. 611
• 1909 Pa. LEXIS 864

Syllabus

<p>Will — Devise—Legacy—Charge on land — Supply of hay to widow to feed cattle.</p> <p>1. Where a testator bequeaths to his widow one horse and two cows, and charges land with an annuity in her favor for life, and further directs that the owners of the land “are yearly to put in the stable on the premises occupied by my wife, so long as she remains my widow, as much hay as she may need to feed one horse and two cows without charge,” such a direction creates, as to the hay, a charge on the land, whoever may be the owners of it; but such owners are not obliged to supply the widow with hay during a period when she kept no live stock at all on the land.</p> <p>2. In such a case the purpose of the testator was to afford to the widow a supply of only so much hay as she might “need” to feed one horse and two cows. If she placed herself ,in such a position that she did not need the hay for the purpose specified, she was not entitled to receive it.</p> <p>3. The mere fact that the widow removes from the occupancy of the residence provided for her by her husband’s will, will not defeat her right to the hay, if as a matter of fact she continued to keep on her land one horse and two cows. Santee v. Santee, 64 Pa. 473, explained and distinguished.</p>