241 Pa. 271 | Pa. | 1913
Opinion by
We think the controlling question in this case is ruled by Tyson’s Est., 191 Pa. 218, Dickinson’s Est., 209 Pa. 59, and kindred cases, and that the learned court below erred in its disposition of the case. The doctrine is well illustrated in Tyson’s Estate. There the testator gave his widow his whole estate, both real and personal, with the right to use it at pleasure for her sole use as fully and largely as the testator himself could have done in his lifetime and with the management and control of the same, and with full power at any time to sell or dispose of any part or the whole of it and to transfer or
James G. Watson died in Uniontown in 1902, testate, leaving to survive him a widow, Mary Watson, and collateral relatives but no issue. He left a will, dated March 22, 1902, by which, after directing the payment of his debts and funeral expenses, he gave to his wife in fee, and in case of her death before him, then to her heirs in fee, two improved lots and one vacant lot situate in Uniontown. By the second and third items of his will he bequeaths certain pecuniary legacies, amounting in the aggregate to $1,300. The fourth item of the will, the one out of which this controversy arises, provides as follows: "All the rest and residue of my estate and any lapsed legacies, real, personal or mixed, whatsoever and wherever situated, I give, devise and bequeath to my said wife, Mary Watson, in lieu of her dower interest, for her sole use, benefit and support during her natural life, and to be in her sole control and direction, and whatever remains of the same at her death, whether real, personal or mixed, my Will is and I hereby direct my executor to convert into money.” He then gives "all my estate so remaining after the death of my said wife” to the heirs of his deceased brothers and sisters.
Watson’s executor filed a final account on May 26, 1902, showing a balance after deducting the debts, specific legacies, and cost of administration of $19,293.48. This balance was made up of $150 in household goods, $.15,000 in bonds, and $4,143.48 in cash, all of which was turned over to the widow under item 4 of the will.
Jane A. Murphy, daughter and heir of a deceased brother of the testator, presented her petition to the court below setting forth, inter alia, the facts above stated and averring that in addition to the personal property received by the widow from the executor that she took.into her possession the real estate devised to her husband which in addition to furnishing her a
The widow filed an answer in which she averred that the property given her in the fourth item of her husband’s will was for her sole use, benefit and support during her natural life, and to be in her sole control and direction, and that she is not accountable to the petitioner for the use she makes of said property or for the management thereof or for the income arising therefrom, “the petitioner under the terms of the will of said deceased, having no interest in said property but having only an interest in the proceeds of such portion thereof as may remain at respondent’s death.” The answer denied the right of the petitioner to inquire into the amount of the income of the respondent, and also denied that the respondent is incapacitated by age or poor health from managing properly her business or that she is surrounded by relations who have induced her to aid and support them, or that she has expended any sums of money other than she has a full right and
We have no doubt as to the intention of the testator in regard to the property disposed of in item 4 of his will. Read in the light of the circumstances surrounding him at the time he made the will, there is but one reasonable conclusion as to the disposition he intended to make of his residuary estate. He owned the real estate bequeathed to his wife in fee and the personal property shown by his executor’s account. He had no children, and left to survive him, besides his wife, the descendants of two brothers and a sister. The averments of the petition, not denied in the answer, would lead to the conclusion that the real estate devised to his wife was worth several thousand dollars. As the petition avers, this gave her a residence and an income of §50 per month. Having given his wife the real estate in fee, he then disposes of the residue of his estafe. He clearly intended that the remainder of that part of his estate should not go to his wife’s, but to his own relatives. He had given her and them a good share or part of his estate and he did not intend that her relatives should further participate in his bounty. Neither did he intend that his wife should unconditionally take the residue of his estate. He desired that she should be properly maintained and supported in the manner in which she had lived, and that after the residue of the estate had served the purpose of supporting her during life it should go to his collateral relatives named in the will as legatees. All the circumstances surrounding the testator at the time he executed the will point unmistakably to this as his intention in the fourth item of the will. The residue of the estate is given to her “for her sole use, benefit and support during her natural life, and to be in her sole control and direction, and whatever remains of the same at her death, whether real, personal or mixed,” is directed to be converted into money, and distributed to his collateral heirs. There
We have carefully considered the printed argument and the authorities cited by the learned counsel for the appellee. They do not rule the case at bar nor are they in conflict with our conclusion as to the proper interpretation of the testator’s will. We do not deem it necessary to discuss the several authorities cited by counsel. A careful examination of them will disclose that a devise of an estate with power to convert and consume where there is a gift over of the unconsumed part on the death of the first taker does not authorize the devisee to apply the unconsumed part to any other purpose than her own support.
Having held that under the testator’s will his widow is entitled to the residue of the estate for her support and that she can not apply it to any other purpose, we think it was the duty of the learned court below to investigate the allegations of misappropriation contained in the petition and if found to be true to protect the petitioner and the other remainderman. The Act of April 17, 1869, P. L. 70, provides: “The owner of any contingent interests in the personal property of any decedent......may require the legatee of any previous interest in the same property, before receiving the same, to give security......in such sum and form as in the judgment of such court shall be sufficient to secure said contingent interest, whenever the same may accrue or vest.” The act is applicable to the facts of the present case, and the petitioner, being a remainderman, has a contingent interest in the property in the hands
The decree of the court below is reversed with directions to reinstate the petition and proceed with the case as directed in this opinion. Costs to be paid by the appellee.