Horn's Estate

Citations

• 223 Pa. 415
• 72 A. 791
• 1909 Pa. LEXIS 550

Syllabus

<p>Will — Trust—Trustee—Remarriage of widow.</p> <p>Testator by his will devised his homestead to his wife. He gave the remainder of his estate to trustees, and directed that a portion of the income should be paid to his wife, and the remainder should be used to pay off a mortgage. After the mortgage was paid off four-fifths of the income was to be paid to his wife for the support of herself and testator's daughter, and one-fifth to his brother; “said trust to continue during the natural life of my wife, and said money to be paid to her as long as she remains my widow, in case of her marrying, then she is to get the same interest therein as she would have had in my real estate had I died intestate.” The widow elected to take under the will, and subsequently remarried. She then claimed the right to take her interest in the real estate as widow under the intestate laws as if no trust had been- created. Held, that the trust continued during her natural life, and that upon her remarriage she was entitled to receive one-third of the trust income, instead of four-fifths as before.</p>