248 Pa. 95 | Pa. | 1915
Opinion by
In the will of Gottlieb Letterle, who died in 1898, there
( The bond which Catharine Letterle gave was given under the provisions of the first section of the Act of 1871, P. L. 269, which provides that Ywbenever any personal property, or the increase, profits or dividends thereof, has been or shall hereafter be bequeathed to any person, for life, or for a term of years, or for any other limited period, or upon a condition or contingency, the executor or executors, administrator with the will annexed, or trustee or trustees under such will, as the case may be, shall deliver the property so bequeathed to the person entitled thereto^upon such person giving security in the Orphans’ Court having jurisdiction of the accounts, in such form and amount as, in the judgment of the court, will sufficiently secure the interest of the person or persons entitled in remainder, whenever the same shall accrue or vest in possession}) The testator did not direct that one-half of his residuary estate should be held in trust for the use and benefit of his widow for life, the principal to be paid over to his heirs upon her death, but gave, to her “the free use, possession, enjoyment, benefit and advantage” of the sáme for and during the term of her natural life. {By complying with the Act of 1871 she became entitled to take, and did take, into her possession the one-half of the estate of her husband, but not as trustee for herself and her husband’s heirs. The property became hers “for her free use possession enjoyment benefit and advantage,” with an obligation resting upon her to secure the unimpaired value of it to the remaindermen
Appeal dismissed and decree affirmed at appellant’s costs.