In re Estate of Hubert

Supreme Court of Pennsylvania
In re Estate of Hubert, 181 Pa. 551 (Pa. 1897)
37 A. 576; 1897 Pa. LEXIS 579
Fell, Green, McCollum, Sterrett, Williams

In re Estate of Hubert

Opinion of the Court

Per Curiam,

The fund for distribution represents.the net balance of the proceeds of* testator’s real estate sold by order of court for payment of debts. The question, was whether it.should be presently distributed, or invested under the direction of the orphans’ court during the lifetime'of testator’s daughter Sallie, if she so long *555remains unmarried, and the interest paid to her, etc., and upon her death or marriage the principal distributed according to her father’s will. The learned auditor held that a proper construction of the will required that the fund should be thus invested. Exceptions to his report were overruled by the court below and the report confirmed absolutely. Hence this appeal.

We are satisfied the court was clearly right in dismissing the exceptions and confirming the report. The will was rightly construed by the auditor; and for reasons given by him the decree should not be disturbed. There is nothing in the specifications of error that requires discussion.

. Decree affirmed and appeal dismissed at appellant’s costs.

Reference

Full Case Name
In re Estate of William Hubert, Appeal of Mary A. Widmyer
Cited By
1 case
Status
Published
Syllabus
Will— Construction of— Sale— Conversion. Testator’s will was as follows: “ I, H. do now make my last will, that after my death that all my real estate I will all to my wife, Sophia, that she can do as she see best. My daughter, Sallie, i£ she should live longer than her mother, she shall have as long as she remains single, but if get married it shall be sold and equal share — first there shall be a tomb-stone for both.” Held, that the balance of the fund raised by the sale of testator’s real estate after payment of debts should be invested for the daughter for her life, or until she marries.