Hege v. Ickes

Citations

• 267 Pa. 57
• 110 A. 238
• 1920 Pa. LEXIS 809

Syllabus

<p>Will — Gift to wife with power to consume — Contingent remainder — Fee simple estate.</p> <p>1. Where a testator, dying without children, gives his residuary-estate, real and personal, to his wife “to have and to hold for her natural life, and at her death, should she have any of my estate left, I would will that my adopted daughter [naming her] should have the sum of $1,000, and should there be any balance of my estate it should descend according to the laws of the State of Pennsylvania,” the wife takes an absolute fee simple estate in the really, inasmuch as testator’s language clearly implied a power in the life tenant not only to use the income from the estate, but to consume the principal, if she saw fit to do so.</p> <p>2. The gift of the remainder, both to the adopted daughter, and to those entitled under the intestate laws, depended wholly upon a part of the estate remaining unexpended, not at testator’s death, but at the time of the widow’s decease.</p> <p>Follweiler’s App., 102 Pa. 581, distinguished.</p>