McCoy's Estate

Citations

• 23 Pa. Super. 282
• 1903 Pa. Super. LEXIS 56

Syllabus

<p>Will — Trusts and trustees — Life estate — Exoneration.</p> <p>Where a testator gives his entire estate, real and personal, to his executors and charges an annuity of $300 per year for the support of his son during the son’s life, and directs that the estate shall remain invested in good and safe security during the son’s life, and upon the son’s death then over, the remainderman cannot, in the absence of consent by the son, and upon the audit of the executor’s account, claim that a portion of the estate alleged to be unnecessary to secure the annuity should be distributed to themselves. If such an application should be considered as a proceeding for exoneration of a part of the trust estate under the Act of February 23, 1853, P. L. 98, the appellate court will not review the discretion of the orphans’ court in refusing exoneration unless abuse of discretion is clearly made to appear.</p>