Gross v. Strominger

Citations

• 178 Pa. 64
• 35 A. 852
• 1896 Pa. LEXIS 1133

Syllabus

<p>Will — Gift to widow — Remainder—Residue after maintenance.</p> <p>Testator gave to his widow the residue of his real and personal estate “ during her natural life; ” authorized her to sell the same if she desired to do so, to “ put the money derived therefrom upon interest,” and “ to use all the said interest if required for her own subsistence.” To meet a possible contingency he provided that if the interest was not sufficient “for her own personal wants and comfort ” she might “take of the principal sufficient to make her comfortable.” Immediately following the provisions for her support, and in the second sentence of the will relating to it, he directed that whatever was left at her decease should be divided between his children and grandson named therein. Held, (1) that this was not an absolute gift to the wife, after the widow’s death, the children and grandson of testator, and not the widow’s representatives, were entitled to whatever was left of the estate; (2) that the fact that some of the securities in the residue had been taken by the widow in her own name was immaterial.</p>