Solms' Estate

Citations

• 253 Pa. 293
• 98 A. 596
• 1916 Pa. LEXIS 826

Syllabus

<p>Wills — Legacies—Widow—Construction—Intention.</p> <p>1. As to the identity of a beneficiary a will speaks as of its date.</p> <p>2. There is no inflexible rule that the word “widow” when used to denote relationship to a legatee or donee necessarily means the wife who shall survive him, when another was his wife at the making of the will or trust deed. In such case, who was really intended should be determined by a consideration of the entire instrument, aided by the rules- of construction.</p> <p>3. Where the donee is described by relation to the donor, or another, on a contingency that may or may not happen, and a person is in being at the time of the execution of the instrument, to whom, on the happening of the contingency, the description would apply, it is a safe general rule to hold such person as intended to be the devisee.</p> <p>4. A deed of trust conveyed certain real estate for the benefit of the grantor’s son for his life with directions to the trustee upon the death of the son “to pay the said income with interest to the widow of the said son,” naming him, “should she survive him,” and after her death for the benefit of the son’s children. The son’s wife predeceased the son leaving children; the son remarried and was survived by his second wife, who claimed that she was entitled to the income. The auditor awarded the property to the children of the son to the exclusion of the second wife. Held, the lower court did not err in dismissing exceptions to the report of the auditor.</p>