Wyllner's Estate

Citations

• 65 Pa. Super. 396
• 1917 Pa. Super. LEXIS 7

Syllabus

<p>Wills — Election by widow against will — Remainders—Acceleration — Trust and trustees.</p> <p>When, a widow declines to accept the provision for her contained in the will of her deceased husband, she takes the interest in his entire estate to which she is entitled under the intestate laws; as to her there is no will. The remainder of the estate will then pass under the will as if the widow were dead. Any estate in the property to which she might have been entitled under the will ceases to exist. Devises or bequests, contained in the will, subordinate to a life estate in the widow and contingent upon her death, or payment of which is postponed until then, become presently payable upon her election to take under the intestate laws. Devises or bequests in remainder, to take effect at the termination of the life interest of the widow, .created by the will, are accelerated and become immediately vested.</p> <p>Where real estate is devised to trustees to pay one-third of the income to testator’s widow for her life, and the remaining two-thirds to the testator’s two children, and upon the death of the widow the whole estate is to vest in fee in the two children, and the widow elects to take against the will, the devises to the children in remainder are accelerated and become immediately vested as of the date of the widow’s election against the will; and in such a case it is immaterial that the devises are contingent upon the children surviving the widow, then over to the issue of each respectively, with cross remainders in the case of the death of either without issue.</p>