Kemerer's Estate

Citations

• 251 Pa. 282
• 96 A. 654
• 1916 Pa. LEXIS 459

Syllabus

<p>Wills — Construction—Parol evidence — Life estates in personal property — Absolute interest — Decedents’ estates — Duty of life ten ant'to enter security — Act of May 17,1871, P. L. 269.</p> <p>1. Where a testator bequeathed all of his estate “to my beloved wife so long as she remains my widow......., after her death I direct that my property be sold and the proceeds of my estate be divided equally, share and share alike among my children,” the wife took only an estate for life or until she should remarry and not an absolute interest in the personal property.</p> <p>2. Parol evidence as to what testator meant by “estate” was inadmissible as there was no ambiguity in the will.</p> <p>3. Where in such case, it appeared that the wife had been appointed executrix of the will, without bond, she was not thereby authorized to retain her share of the proceeds of the estate during her lifetime without giving security therefor, but could be required either to give security, or to deliver the estate to a trustee appointed by the court to hold the same for the purposes declared in the will.</p> <p>4. In such case, where the widow failed to give security for the protection of the remainder interests, and the court appointed a trustee, fixing a bond sufficient to cover any fund which might subsequently come into its hands from payments on account of uncollected assets, the decree on appeal was so modified as to allow the executrix a reasonable time to enter security, to be approved by the court, in which event she would be permitted to retain the fund, but if she failed to enter such security, she was directed to pay over the fund to the trustee in accordance with the decree of the lower court.</p>