Kuhn's Estate

Citations

• 203 Pa. 17
• 52 A. 126
• 1902 Pa. LEXIS 643

Syllabus

<p>Will — Legacy—Living with testator at the time of his death.</p> <p>Testator shortly before his death made a will by which he bequeathed to a legatee the sum of $20,000 “ if he shall be living with me at the time of my death, and in consideration therefor.” This bequest was made in pursuance of a contract between the testator, the father of the legatee, and the legatee himself, by which the legatee was to act as the testator’s companion in consideration of a legacy for the sum mentioned. The testator’s usual place of living in Europe was at Nice. The contract and the will were made in Paris at a time when the legatee and his father were visiting the testator at his hotel in Paris and were staying with him at his expense. Testator died shortly thereafter at Paris, without returning to his home in Nice. Held, that the legatee was living with the testator at the time of the latter’s death within the meaning of the will, and that he was entitled to the legacy.</p>