Rogers' Estate

Citations

• 245 Pa. 206
• 91 A. 351
• 1914 Pa. LEXIS 861

Syllabus

<p>Wills — Personal property — Residuary bequests — Life estates with power. to consume — Absolute gifts — Construction—Intention.</p> <p>1. The general rule that a gift of personal property for life without a gift over passes the whole estate is not a rule of law, hút á rule of construction, in aid of discovery of- the testator’s intention.</p> <p>2. Where a testator gave the residue of his estate, real, personal and mixed, “to my beloved wife..... .for and during her natural life, with full power to sell or dispose of any of my real estate, securities of any and all kinds, in such manner as she may desirej with the request, however, that care be taken in the investment or reinvestment of any money that may not be actually required for living expenses, or other necessities, with the wish that she may at any and all times be liberal in regard to her own comforts and not feel that it is necessary to be unduly economical..... .” and made no gift over of the estate, the request that care be taken in the investment of the money was merely precatory; the provision giving the wife full power to sell or dispose of the estate was the controlling language of the residuary clause of the will and disclosed the testators intention to vest in the wife an absolute estate in the personal property, and the. Orphans’ Court erred in deciding that the wife was given only an estate for life, .with power ..to consume, in the residue of the personal property.</p>