Slater's Estate

Citations

• 265 Pa. 88
• 108 A. 601
• 1919 Pa. LEXIS 502

Syllabus

<p>Wills — Gharity—Void bequest — Remainderman—Award of income — Jurisdiction—Parties—Act of April 26, 1855.</p> <p>1. A testator gave- the residue of his estate to a trustee to pay certain legacies, an annuity of $1,500 to his widow during her life or widowhood out of the net income, and to establish a home for indigent old ladies out of his unsold real estate and any accumulated income. He directed that his trustee should keep his entire estate including proceeds of sale of real estate intact, subject to the payment of the legacies and annuity, and invest and reinvest the balance after such payments. He made no disposition of the residue of the .principal. The widow elected to take under the will. At the audit of the second account of the trustee, it appeared that the balance of income shown by the account was required for the protection of the widow’s annuity, because of the loss by fire of certain realty belonging to the estate. The heirs and next of kin appeared at the audit and disputed the validity of the charitable gift, and objected to the balance of the account being awarded to the trustee, and asked that it be awarded to them on their giving security. Held, (1) that the heirs and next of kin had a standing to appear and be heard at the audit; (2) that the court was without jurisdiction to pass upon the question of the validity of the charitable bequest before final distribution; (3) that the court did not err in awarding the balance to the trustee in the absence of anything in the record to show that such balance would not be safe in his hands.</p> <p>2. The proper time for the determination of the question whether a testamentary charitable bequest is void, is when the question of the distribution of the estate arises.</p>