168 Pa. 171 | Pa. | 1895
Opinion by
Although the testator’s direction that his daughter’s portion
The claim that the widow took a fee in one third of the realty cannot be sustained. The whole estate is left in an active trust to keep it together, collect rents, make repairs, pay incumbrances, etc., “ as though I myself acted in the premises,” and the widow was to get one third of the residue, that is, of the net income. Not only is this all that is given in terms to the widow, but the direction that after her death the joint administration of the whole may be continued by the children, or in case they determine to make partition, the daughters’ portions shall be put in separate use trust, shows that it is all the testator intended to give.
Decree affirmed.