Levy's Estate

Citations

• 153 Pa. 174
• 25 A. 1068
• 1893 Pa. LEXIS 1070

Syllabus

<p>Will — Gift of income — Restriction on alienation.</p> <p>A testator who has made an absolute gift of income to his widow for life cannot, by a subsequent clause in his will, restrain her from disposing by will of such portions of the income as she may not have used for her support and maintenance.</p> <p>Testator gave to his wife, “ for her sole and separate use during her natural life, all the rents, issues, profits, interest, income and dividends of all the rest, residue, and remainder ” of his estate, both real and personal. By a subsequent clause in his will he directed as follows: “In order to prevent misunderstanding in the construction of the bequest to my wife, it is not my intention to empower her to dispose of any part or portion of the interest and income of my estate bequeathed to her during her lifetime by any last will and testament she may make and execute, but that the same shall remain her support and maintenance. Any portion of the said income not so used to be considered part of my residuary estate.” It further appeared that the predominant intention was to give his wife an absolute estate in the income. The wife survived the testator, and at her death there was a large amount of accumulated income which she disposed of by her will. Held, that the wife had an absolute estate in the income, which she could dispose of by will: Jauretche v. Proctor, 48 Pa. 466, applied.</p>