Ogden's Estate

Citations

• 211 Pa. 247
• 60 A. 785
• 1905 Pa. LEXIS 446

Syllabus

<p>Will—Testamentary gift—Advancement—Settlement—Intestacy—Trust and trustees—Act of April 8, 1833, P. L. 315.</p> <p>A testamentary trustee was authorized in his sole and absolute discretion, to give a portion, or all, of one third of the principal of the estate to the surviving husband of the testatrix, or either of her two sons while the three lived. Upon the death of one, the authority was to give, in the exercise of such discretion, one half of the principal to either of the two surviving, and upon the death of one of them, there was authority to pay the survivor the whole of what remained. The trustee gave to one of the sons a portion of the principal. The father survived the two sons, and upon his death there was an intestacy as to a portion of the estate of testatrix. Held, that the only child of the son to whom a portion of the principal had been given by the trustee was entitled to a full share of the portion of the estate of her grandmother passing under the intestate laws, without any deduction for the sums paid to her father.</p> <p>In such a case the sums paid to the father were neither advancements nor settlements within the meaning of the Act of April 8, 1833, P. L. 315, but were testamentary gifts from the testatrix.</p>