Sower's Estate

Citations

• 217 Pa. 198
• 66 A. 318
• 1907 Pa. LEXIS 685

Syllabus

<p>Will — Construction—Occupancy of real estate.</p> <p>Testator, after having given his dwelling house to his wife for life, directed that the same should be considered as part of his residuary-estate, “subject to the conditions and stipulations hereinafter set forth as follows: If S (a nephew) shall within a reasonable time after the decease of my wife, express to my trustee a desire to occupy said dwelling house as a residence, he shall be allowed so to do upon the payment to my trustee of an annual rental of three hundred dollars. If the said S shall not so elect to occupy the said house and lot, then any member of the S family bearing that surname shall be allowed to occupy the same as a residence, provided the person so electing shall pay to my trustee an annual rental therefor of three hundred dollars and shall pay all taxes, water rent, municipal or other assessments which may be levied upon the said premises and shall pay for all gas consumed upon the premises and shall make all necessary repairs thereto and shall produce to my said trustee or any one representing it receipts for all such payments.” Held, (1) that under the will S merely had the first' right of choice as to the occupancy of the premises, but in no other way was he to be favored; (2) that if S elected to occupy the premises he was bound to pay not only the annual rental, but also the taxes, water rent, assessments and gas.</p> <p>Mitchell, C. J., and Fell, J., dissent.</p>