110 Pa. 398 | Pa. | 1885
delivered the opinion of the court, October 5th, 1885.
■' .We cannot regard it otherwise than as remarkable that, in the face of the very clear and explicit terms of the will of Samuel Lininger, and the previous intimation of this court, as found in Lininger’s App., 5 Out., 161, these appellants should have been surcharged with the McElhare
If all this is not sufficient to vest in the wife an absolute power of disposition over the testator’s personal estate, we know not what language would suffice for that purpose. The case is even stronger than that of Cox v. Rogers, 77 P. S. R., 160, or Myers’ App., 48 Id., 26; in the first of which, under a will reading as follows, “ my wife is to have the whole of ray personal property to enable her to raise, support and provide for the younger part of the family, and at the death of my wife what part of my personal property is then to be had shall be equally divided among m}r daughters,” it was held that the gift was absolute to the wife. In the second, a bequest, “ unto my beloved wife Ann, as much of my personal property as she chooses to retain;” held to pass the whole personal estate, choses in action included.
It is urged, however, that she was permitted to make use of the personal property only in case the proceeds of the realty
In order, therefore, to sustain the will before us, and give force to Samuel Lininger’s bequest to his widow, we reverse the decree of the court below as to the surcharge of the McElhare judgment (17,332.00), and the distribution made of the same, and affirm the balance of said decree. We- also order that the costs of this appeal be, paid by the appellees.