156 A. 91 | Pa. | 1931
By the third item of his will, which appears in full in the Reporter's notes, the decedent devised to his sister, Cora Simpson Burg, a life estate in his property known as Oak Hall, with its contents. He provided that upon her death one-fourth thereof should pass absolutely and in fee simple to her heirs at law; one-fourth in the same manner to a brother, Horton Simpson; another fourth similarly to a sister, Caroline Simpson Stuart; and the remaining fourth to his brother, F. Stoddard Simpson, for life. Upon the latter's death, he directed that one-third of his one-fourth should go absolutely and in fee simple to the heirs at law of Cora Simpson Burg, one-third thereof by like language to Horton Simpson and the other third to Caroline Simpson Stuart. He further provided that should his sister Cora Simpson Burg, at any time after his death, desire to give up the property and abandon it as a home, she was empowered to sell it and to distribute the proceeds therefrom "among herself and my brothers F. Stoddard Simpson and Horton Simpson and my sister Caroline Simpson Stuart, so that each of said distributees or their heirs may receive an equal share." He further directed that the proceeds of the personalty located in the house should be similarly distributed. F. Stoddard Simpson died in the lifetime of the testator. Cora Simpson Burg elected to sell the property and the personalty in it. The sale realized a sum in excess of $18,000. Edith C. Simpson, widow of F. Stoddard Simpson, claimed one-fourth of the proceeds of the sale as an heir of her husband. In this declaratory judgment proceeding the court below determined that she was entitled to such share of the fund. From this decision and the resulting decree in her favor, this appeal is brought.
It is the contention of the appellants that the legacy to F. Stoddard Simpson lapsed because of his death prior to that of the testator and that his heirs are not entitled to any part of the fund, and, in any event, his *401
widow is not included within the meaning of the word "heirs" as used in the will. We can assent to the proposition that at common law where a legatee died before the testator, his legacy lapsed (Robinson v. Martin, 2 Yeates 525; Weishaupt v. Brehman, 5 Binney 115; Dickinson v. Purvis, 8 S. R. 71; Martindale v. Warner,
As we have said more than once, "Precedents are of little value in the construction of wills": Scott's Est.,
We are not at all concerned with the question of technical conversion because the conversion of the real estate into money was outright and actual and the fund is personalty and was so bequeathed. In a bequest of *403
personalty a widow will be considered an heir of her husband unless a contrary intent is indicated by the will: Wunder's Est.,
The decree of the court below is affirmed at appellant's cost.