Roth's Estate
Roth's Estate
Opinion of the Court
Opinion by
Gustavus Roth, the testator, died September 26, 1896. The first clause of his will gave his wife his entire estate for life. The second clause gave her absolutely one-half of the estate, and the remainder was, at her death, to be divided among four nieces and nephews, of whom appellant is one. The third clause gave Frank Roth $600 per year until he should complete his college career. The
Mrs. Roth took an absolute and immediate interest in one-half the estate of her husband under the will. The estate to be accounted for at her death was the remaining one-half of $56,811.38, found to be the value of the estate at the first account in 1902, or $28,120.69. The specific bequests were payable out of this fund before the residuary bequests to the nieces and nephews, as the testator directed that they be “paid out of my estate after the death of my wife Eliza Roth.” These bequests, with interest, amounted to $17,280.50, which, deducted from $28,120.69, left $11,110.19, and, adding interest, $1,615.33, on the sum from the death of the life tenant, or a total of $12,755.52, for distribution among the residuary legatees. After deducting proper credits, $3,-110.11, there remained $9,315.11, of which appellant was entitled to one-fourth, or $2,336.28, and, as he has received $720 more than he was entitled to under the will, he has no standing to complain.
The appeal is dismissed at the cost of appellant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.