Worth's Estate

Citations

• 39 Pa. Super. 565
• 1909 Pa. Super. LEXIS 533

Syllabus

<p>Will — Legacy—Void legacy — Charity—Residue—Trusts and trustees.</p> <p>1. Where a testator gives a fund to a trustee to pay the income to his sister for life, and after her death to pay out of the principal her funeral expenses and two legacies, one to a charity, and to pay the remainder of the fund to a niece, and after disposing of other portions of his estate he gives the residue thereof to a person named, and dies within thirty days of the execution of his will, the amount of the lapsed legacy given to the charity goes to the general residuary legatee, and not to the niece who was given the remainder of the special trust fund.</p> <p>2. As a general rule a legacy which fails either by lapse or because void ab initio goes into the residue.</p>