Yetzer v. Brisse

Citations

• 190 Pa. 346
• 42 A. 677
• 1899 Pa. LEXIS 1028

Syllabus

<p>Will — Power to sell — Widow.</p> <p>Testator directed as follows: “I give, devise and bequeath to my beloved wife all my estate, real, personal and mixed, of whatsoever kind, and wherever the same may be at the time of my decease, for her to have, to hold and enjoy during her natural life, or so long as she shall remain my widow. I also order and direct that in case my wife cannot support and maintain herself from my real estate, she is hereby authorized to sell the same and use the proceeds for her support and maintenance. . . . and after the decease or remarriage of my wife, Catherine, I dispose of all the rest or residue of my estate, real, personal and mixed, wheresoever the same may be ” to two sons and a daughter, share and share alike. Held, that the wife had a discretionary power to sell, and could make a good title to testator’s real estate upon her declaration that she could not support and maintain herself from the real estate.</p>