Wunder's Estate

Citations

• 270 Pa. 281
• 113 A. 378
• 1921 Pa. LEXIS 375

Syllabus

<p>Wills—Construction—Remainder—Gift to husband — Power of appointment—Intestacy—“Heirs” —■ Alternative gift — Parties — Objection to claim against estate.</p> <p>1. Where the word “heirs” is used in a bequest of personalty, it means heirs as ascertained by the statutes of distribution, unless a contrary intent is indicated by the will.</p> <p>2. Where a wife gives the residue' of her estate to a trustee to pay a specified amount per week to her husband for life out of the income, or out of principal if necessary, and on the death of the husband to pay the remaining balance of the estate to such persons as her husband may appoint by will, or in case of his dying intestate, to the heirs-at-law of her husband, the gilt to the heir§ of the husband is in the alternative, and, if he dies intestate, his heirs take by substitution, to the exclusion of the next of kin of the testatrix.</p> <p>3. In such ease where a claim by a third party against the estate is admitted by the heirs of the husband, but objected to by the heirs of the testatrix, it will be allowed, inasmuch as the latter, not being entitled to share in the distribution, have no standing to object to the claim.</p>