Kenworthy's Estate

Citations

• 230 Pa. 606
• 79 A. 803
• 1911 Pa. LEXIS 656

Syllabus

<p>Wills — Legacies—Accumulations—Charity.</p> <p>Testator by his will gave the residue of his estate to trustees in trust to pay his widow out of income, and principal if necessary, an annuity in an amount named. He further directed that after the widow’s death such trustees should hold a sum named to pay the income therefrom to his granddaughter for life, and upon her death the principal to her children. Testator further gave by successive clauses in his will a number of legacies. He directed that in case of a deficiency these legacies should not abate pro rata, but should be paid in full in their order until the fund should be exhausted. At the death of the widow there was a balance of principal above the trust for the granddaughter sufficient to pay two of the legacies, and a dividend upon the third,, but not sufficient to reach the fourth which was a charity. There was also a balance of accumulated income as to the disposition of which there was no direction in the will. The accumulations, even if the testator had so directed, could not have been paid to the three legatees preceding the charity, inasmuch as this was forbidden by the Act of April 18, 1853, P. L. 503. The charity claimed the accumulations. Held, that the testator died intestate as to the accumulations, and that they were payable to his widow’s representative, and his next of kin.</p>