Springer's Estate

Citations

• 259 Pa. 46
• 102 A. 284
• 1917 Pa. LEXIS 511

Syllabus

<p>Decedents’ estates — Executors and administrators — Wills—Joint will — Surcharge—Failure to file account — Commissions.</p> <p>Three unmarried and childless sisters made a will providing in part as follows: “We hereby order and direct that at the death of the one of us who shall first depart this life, all the property of every kind whatsoever of which she shall die seized,' or to which she shall be entitled at the time of her decease, real, personal or mixed, and whether owned by her individually or jointly or as tenant in common with the other two of us, shall pass to and become vested absolutely in the survivors of us, and the two survivors shall pay all her just debts and funeral expenses. At the decease of the one who shall next depart this life, all her estate of every kind whatsoever of which she shall die seized, or to which she shall be entitled at the time of her decease, whether owned by her, individually, or jointly,' or as tenant in common with the other survivor, and including what she shall acquire under this will as her share of the estate of the one of us who first died, shall pass to and become vested, absolutely, in the last survivor, and the last survivor shall pay all debts and funeral expenses then unpaid of the two who have previously died. We further order and direct that this will shall not be probated, unless necessary to determine the title of property herein disposed of, nor shall any appraisement, whatever, except for collateral inheritance tax, be made of any or either of our estates, until after the decease of the last survivor of the three of us, but that all our respective estates shall pass to and become vested in the survivors in kind as they shall be at the time of our respective deaths.” After the death of the last surviving sister the executor under the will filed an account for her estate. Certain of the residuary legatees filed exceptions asking that the executor be surcharged for failure to convert assets and securities be