Zimmerman's Estate

Citations

• 23 Pa. Super. 130
• 1903 Pa. Super. LEXIS 24

Syllabus

<p>Wills — Gift to widow — Remainder.</p> <p>Testator gave to his widow all the remainder of his estate “ both real and personal, after payment of debts, expenses and specific legacies, to use, occupy and possess as I have done, and am now doing, during her natural life.” He further directed as follows: “ I direct that at the death of my widow, all of my estate real and personal which I have bequeathed to my wife for her use, benefit and profits during her natural life, except what is necessary for her burial and tombstone, be equally divided share and share alike between the following six persons.” Held- that testator did not intend to give his widow a right to consume the principal, and that the remainder-man had a right to demand that the widow should file an account of the estate.</p> <p>Even where there is expressly coupled with a gift to a widow power to consume, sell and dispose of, the general rule that an absolute and unrestricted title is conferred, is not a rule of law, but a'rule of construction in aid of reaching the intent of the testator, and where a different intention is clear, the rule cannot be applied to defeat it.</p>