224 Pa. 482 | Pa. | 1909
Opinion by
A second reading of the will of Frederick L. Terppe is not necessary to determine what interest in his estate passed under it to his wife, for it most clearly appears that he gave her but a life estate in his real and personal property, coupled with a power of appointment to dispose of it by will, and, upon her failure to exercise that power, he devised it absolutely to his adopted son, William Frederick Terppe. He gave to his wife the use and enjoyment of all of his property and “all the income therefrom, less taxes and charges thereon, for and
By the second clause of the will of Julia Terppe she directs, “that all legal debts owing by my estate be paid by my executors hereinafter named as soon after my decease as conveniently can be done without detriment to my estate.” Then follow eight clauses containing bequests of jewelry, books and other personal property and a legacy of $3,000. After making these bequests the testatrix gives all the rest of her estate, real and personal, to the adopted son. By the residuary clause she clearly intended to devise to him the drug store property which belonged to her husband’s estate and which her executor sold to the appellant for the payment of her debts, for of this particular piece of property she says, “but suggesting in this connection, in the way of advisement to him, that it is my wish in accepting said real estate he shall continue to conduct the drug business as now conducted on the property left me by my late husband, Frederick L. Terppe, for and during at least the period of ten years from the date of my decease, and that during this period of time he shall pay whatever incumbrances may be left by me against the said estate, either by reason of liens against the same owing by me at the time of my death or by reason of the legacies and devises herein granted to other persons to be paid therefrom;” and then follows this peremptory direction: “He shall not dispose of the said estate in any manner but conduct it in the way of business until such debts are paid off and the property clear.” The devise of the drug store property to the adopted son is under the power of ap
The assignments of error are sustained and the decree confirming the sale is reversed, the costs on this appeal to be paid by the estate.