Reference

Full Case Name

In re Estate of William Murphy, Appeal of Ann M. Kurtz

Cited By

15 cases

Status

Published

Syllabus

Wills—Gift to benevolent and charitable objects—Discretion of surviving executor. Testator directed as follows: “ The balance of my estate, after the payment of the above legacies and the collateral inheritance tax on them, to be divided among such benevolent, charitable and religious institutions and associations as shall be selected by my executors or their successors.” Held, (1) that the word “ benevolent” as used by testator should be construed as synonymous with “ charitable; ” (2) that the residuary bequest was not void for uncertainty; (3) that the sole surviving executor had the power to designate the beneficiaries under the residuary clause. Will-—Precatory ivords—Trust—Lapsed legacy. Testator gave certain shares of stock to his wife, and added this clause in his will: “To this provision in my will I add however, the following request, that, if at the expiration of one year after my decease the value of my estate has not materially decreased from the appraiser’s estimate, then she would of her own free will and accord make the following distribution of the above named stock.” Then follows the names of the persons and the number of shares which should be given to each person designated. The will contained a residuary clause. Testator’s wife died in his lifetime. Held, (1) that the words used in the will were merely precatory, created no trust, and did not in any way qualify the absolute gift to the wife; (2) that the lapsed legacy of the stock to the wife, fell into the residue.