Pullinger's Estate

Citations

• 48 Pa. Super. 630
• 1912 Pa. Super. LEXIS 424

Syllabus

<p>Wills — Failure of charitable bequest — Intestacy.</p> <p>Where a testor has by will directed a sale of his real estate for the specific purpose of producing a fund to pay charitable bequests named, a part of the fund intended for a bequest which fails, goes to the heirs at law as real estate, and not to the next of kin as personal property, and this is the case although the real estate was actually sold. ’ In such a case it is immaterial whether the charitable bequest failed by reason of the death of the testator within one calendar month of the execution of the will, or whether it failed by reason of the testator failing to have his will duly witnessed as required by sec. 11 of the Act of April 26, 1855, P. L. 328.</p>