Tyson's Estate
Tyson's Estate
Opinion of the Court
Opinion by
It was decided by the Supreme Court in Tyson’s Estate, 191 Pa. 218, in which the interest of the widow under the will was considered, that the testator’s “ intention was to give her so much, and only so much, though possibly amounting to the whole, as should be necessary for her own comfort and enjoyment of life, and the residue, be it much or little, was to pass under his will.” Under this construction of the will, it is clear that none of the estate of the widow passed to the administrator de bonis non, etc., of Charles Tyson under the decree of the orphans’ court of April 2, 1900. It appears moreover from the answer of the executors of Mary Tyson in that proceeding that her small personal estate was exhausted for expenses of administration and other purposes before the decree referred to was entered. The fund for distribution in this proceeding was therefore a part of the estate of Charles Tyson devised and bequeathed in remainder. The appellant’s claim was on a note against Mary Tyson. He alleges that the claim which he holds against her estate was for wages due him for work on the farm, in which Mrs. Tyson had a life estate under her husband’s will.
The full and carefuTconsideration of the case by the learned judge of the court below renders further discussion unnecessary.
The decree is affirmed.
Reference
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- Syllabus
- Life estate — Remainderman—Widow—Power of consumption. Where a testator gives to his wife his whole estate “ to have the same and use it at pleasure for her sole use ” with remainder of the residue over to kindred, a debt contracted by the widow after testator’s death for work on a farm which was part of the estate, cannot' be allowed after the death of the widow against the estate, where there is no evidence that the debt was incurred for the maintenance of the widow, or that it could not have been paid out of the profits of the farm. In such a case the part of the husband’s estate which the widow did not convert to her own use in her lifetime was not hers to control or dispose of. She had no authority to incumber that which passed to the remaindermen at her death.