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· 1/7/1907

Kennedy v. Pittsburg & Lake Erie Railroad

Citations

  • 216 Pa. 575
  • 65 A. 1102
  • 1907 Pa. LEXIS 867

Syllabus

<p>Wills — Gift to widow — Real and personal estate — Consumption of principal — Power to convey.</p> <p>Testator gave to his widow “all my (his) estate both real and personal .... during her natural life with privilege to use part of the principal if she should need it ... . and at the decease of my wife I will and direct my executor to sell .... all my real and personal estate not used by my wife in her lifetime, and divide the proceeds, etc.” Held, that the widow had a right to consume the principal of both the real and personal estate, and consequently had the right to convey the real estate.</p>

Judges: Brown, Elkin, Fell, Mestrezat, Mitchell, Potter, Stewart

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