234 Pa. 82 | Pa. | 1912
Opinion by
The will over which this dispute arises reads as follows: “Being sound in mind and body I do hereby declare this my
The dispute involves nothing but the insurance disposed of in the will. In the original policy, Helen Thompson, an illegitimate daughter, on whose behalf this appeal is taken by her guardian ad litem, was sole beneficiary. By some proceeding, the nature of which is not disclosed, the policies were changed. It is averred and not denied that the insured’s estate was substituted as the beneficiary, and the amount of insurance by some means reduced, whether to meet certain exigencies of the insured we do not know. All we know is that instéad of $10,000 being recovered on the policies, the net amount realized therefrom and subsequently awarded was $5,970.74, equalling about the one-half the entire estate. The testator’s right of disposition with respect to this insurance remained, and it is simply a- question of what disposition be made of the fund. The view taken by the learned judge of the orphans’ court was that the will gave to the daughter Helen and her foster mother simply the income of the principal sum. This view was derived from the use of the word “proceeds” as it occurs in the text of the will, by interpreting it as though the testator in using the word had reference to the income to be derived from an investment thereafter to be made of the money realized on the policies, overlooking the fact that by the plain language of the will imme