Schwehm's Estate

Citations

• 264 Pa. 355
• 107 A. 699
• 1919 Pa. LEXIS 651

Syllabus

<p>Decedents’ estates —■ Family settlement — Trusts and trustees — Settlement of will contest — Executors and administrators.</p> <p>Where a daughter contests her father’s will, and a settlement in • the nature of a family settlement, is made between herself and her two brothers, who were also two of the three executors of the will, by which, in consideration of the withdrawal of the caveat, the daughter receives absolutely a portion of the estate in lieu of a separate use trust provided by the will, such settlement is void; but in setting it aside, the court will permit the daughter to renew her proceedings to contest the will, and to move for the vacation of its probate, distribution under the terms of the will to be stayed pending such proceedings.</p>