Lejee's Estate

Citations

• 181 Pa. 416
• 37 A. 554
• 1897 Pa. LEXIS 561

Syllabus

<p>Will — Construction of — Legacy—Annuity.</p> <p>Testator gave unto a trustee twenty thousand dollars in trust for a niece. He directed that should his niece “ at any time desire to increase her income by an annuity the said trustee shall at her request at any lime invest the whole or any part of this twenty thousand dollars in an annuity for her, nor do I restrict her as to this investment in case she should hereafter marry.” The niece never made any request to the trustee to purchase for her an annuity to increase her income, but demanded payment to her of the whole trust fund. Held, that the direction to purchase an annuity did not authorize the payment directly to the niece of the whole trust funcl to dispose of as she might think proper.</p> <p>Testator gave a legacy of one thousand dollars to a niece to be paid as soon after his decease as practicable, as she might need it for immediate support. By a subsequent clause he gave twenty thousand dollars to a trustee in trust for his niece. A codicil to the will was as follows: “ The purpose of the present codicil is to add to the legacy of my niece the sum of ten thousand dollars.” Held, that the legacy given by the codicil was to be added to the legacy given in trust.</p> <p>A testator by his will and codicils gave to various persons legacies, some in trust and some not in trust. By a later codicil he revoked two charitable bequests, and directed that the amounts which they represented should be divided pro rata among the individual legatees to whom he had made bequests. Held, that all of the legatees took their several shares in this fund free from trusts.</p>