54 Pa. 97 | Pa. | 1867
The opinion of the court was delivered, by
The question in this case is what is the construction to be placed on the will of John Sigmund Riehle, which was proved at Philadelphia on the 28th May 1812, the testator having died in that year.
The testator left three children, William Riehle, Susanna Read, a widow, and Catharine, wife of Samuel Pancoast; and he devised and bequeathed the rest, residue and remainder of his estate, real and personal, to Ms said three children, their respect
Catharine Pancoast died in 1817, leaving a husband and four children. Susanna Read was a widow at her father’s death, and so remained until her death, on 20th January 1864, without issue, never having had any, and leaving a will.
The auditor held, that by the will of John Sigmund Riehle, Susanna Read took an estate for life in one-tliird of the residue of his estate, with remainder to her children and issue, if any, in fee, with an executory devise on her death without having had issue to testator’s right heirs, under the intestate law's at the time of his death, who were his three children, William Riehle, Susanna Read and Catharine Pancoast. In this construction of the will we agree with the auditor, and as the distribution of the fund is made by him in conformity to this ruling, the court below were right in dismissing the exceptions and confirming his report.
The decree of the Orphans’ Court, dismissing the exceptions of the heirs and confirming the report of the auditor, is affirmed, and appeal dismissed at the costs of the appellants.