Melville's Estate

Citations

• 245 Pa. 318
• 91 A. 679
• 1914 Pa. LEXIS 878

Syllabus

<p>Wills — Failure in revoking instrument — Residuary bequests— Dependent relative — Revocation—Construction.</p> <p>1. Where the failure of the dispositive part of a revoking instrument is due to a defect in the instrument, the revocation is inoperative; but where such failure occurs because of extrinsic circumstances, the revocation will prevail.</p> <p>2. A testator by will made pecuniary and other gifts to various members of his family and appointed executors whom he made his residuary legatees. He further provided that should his estate be insufficient to pay all his legacies, certain of the latter should be scaled down. By codicil, testator declared that “having had an expert accountant assist me in making an inventory .of my estate, and finding that after all the bequests contained in my will, and several codicils there may remain about $150,000 of my undistributed estate. And being desirous of using the residuary estate in some manner that will alleviate the sufferings of the indigent, deserving and aged poor, I desire the estate to be used for such purpose.” The codicil concluded: “In order to carry out the provisions of this codicil, clause No. 29 of my will dated July 5, 1910, is hereby abrogated. The clause referred to relates to the appointment of Max J. Stem and Lieut. Walter M. McFarland as the residuary legatees of my original will. The fund thus established is to be chartered, if necessary, in the State of Pennsylvania and is always to be designated ‘Estella Polis Melville Charity.’ ” The charity contemplated failed because of the death of the testator within thirty days after the execution of the codicil. The executors contended that the revocation of the residuary bequest to them was conditioned upon the efficiency of the charitable bequest. The Orphans’ Court decided that the residuary bequest to the executors had been revoked absolutely, and awarded the residue to testator’s heirs and next of kin. Held, no error.</p>