245 Pa. 206 | Pa. | 1914
Opinion by
This is an appeal from the decree of the Orphans’ Court of Montgomery County, dismissing exceptions to the adjudication in the estate of Edward L. Rogers, deceased. In his will the testator gave legacies of $10,000 to each of his three children and provided as follows: “And as to all the rest, residue and remainder of my Estate, real, personal or mixed, of whatever nature or kind, or wheresoever situate at the time of my decease, I do hereby give, devise and bequeath to my Beloved Wife, Harriet M. Rogers, for and during her natural life, with full power to sell or dispose of any of my real estate, securities of any and all kinds, in such a manner as she may desire, with the request however that care be taken in the investment or reinvestment of any money that may not be actually required for living expenses, or other necessities, with the wish that she may at any and all times be liberal in regard to her own comforts and not feel that it is necessary to be unduly economical, especially so if my estate so warrants it.” There was no gift over of the estate.
Upon the audit of the executor’s account, the widow, who had elected to take under the will, claimed that she was entitled to the residuary estate absolutely. The auditing judge, however, held that she was given only a life estate, with power of sale and the right to consume as much as may be actually required for living expenses and necessities. Exceptions filed by the widow were dismissed and the adjudication was confirmed. The widow has appealed. The general rule is that a gift for life without a gift over passes the whole estate. This is not a rule of law, but a rule of construction in aid of discovery of the testator’s intention. Tyson’s Estate, 191
In the case now under consideration the residue of the estate was given to the wife “for and during her natural life, with full power to sell or dispose of any of my real
The first, third, fourth, fifth, seventh,' eighth, ninth and tenth assignments of error are sustained. The decree of the Orphans’ Court is reversed, and it is ordered that the record be remitted to the court below, that distribution may be made in accordance with this opinion.