Reighard's Estate

Citations

• 253 Pa. 43
• 97 A. 1044
• 1916 Pa. LEXIS 780

Syllabus

<p>Wills — Trust—Widow’s election to talce against will — Effect on other bequests — Accumulations.</p> <p>1. A testator dying without issue, bequeathed his estate in trust for ten years or until the death of his widow, with directions to pay her a proportion of the income during her life, and during the continuance of the trust to pay certain fixed annuities to named persons, and provided that in the event of the refusal of the wife to accept the provisions of the will, the bequests in favor of two of the annuitants should be void; at the expiration of the trust estate the property was to be divided among seventeen remaindermen. The widow elected to take against the will. The Orphans’ Court decided that the widow’s election rendered inoperative the provisions of the will only in so far as they affected her and the two annuitants, and awarded the balance remaining after deducting the widow’s share to the trustees so that the provisions not affecting the widow could be carried into effect. Held, no error.</p> <p>2. Where in such case there were no directions for any accumulation of income and it appeared that after paying the annuities there was excess income in the hands of the trustees, the Orphans’ Court properly decided that there was no effort to create an invalid trust for an accumulation and that the excess income should be awarded to the residuary legatees.</p>