Long v. Paul

Citations

• 127 Pa. 456
• 17 A. 988
• 1889 Pa. LEXIS 1138

Syllabus

<p>, (a) A testator devised to his widow the “ improvement and income” of his realty, “ to keep for her own use, as long as she keeps my name.” A subsequent provision directed that the widow should pay testator’s debts, and if necessary should sell part of the realty for this purpose ■ and keep the rest.</p> <p>(b) Another provision directed that in case the widow re-married, she was to have “ the one half of all my real and personal property for her own use, and the other half I bequeath to my three sisters; ” and in case such division could not be made without spoiling the whole, the executor should sell the property and “ divide money as directed.”</p> <p>1. Taking the whole will together, it created an estate for life determinable on the second marriage of the devisee: Cooper v. Pogue, 92 Pa. 254; and the devise was not enlarged by the subsequent provisions for the payment of debts and for the division of the property on the widow’s re-marriage.</p> <p>2. Upon a case stated, for the purpose of construing a will, it is not error for the court in its opinion to refer, by way of illustration and in confirmation of its views, to certain clauses in an auditor’s report made in a previous cause under the same will.</p>