Estate of Farnum
Estate of Farnum
Opinion of the Court
Opinion by
We think the learned auditor in the court below has correctly disposed of the question at issue in this case. By the terms of the codicil the provisions of the will were expressly modified and changed, so that out of the shares of the daughters as fixed by the will there should be paid to the daughters respectively on their arrival at the age of twenty-one years, the sum of $20,000 absolutely. The title of the daughters to these sums of $20,000 each, is derived directly from the codicil, and the source from which these sums are to be taken is the principal of the estate. The testator directs his executrix to divide all
Decree affirmed and appeal dismissed at the cost of appellant.
Reference
- Full Case Name
- Estate of J. Edward Farnum, Appeal of the Pennsylvania Company for Insurance on Lives and Granting Annuities, Trustee
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Will—Construction—Time of payment of legacy—Accumulations. Testator directed his executrix to divide all the residue of Ms estate into as many parts or shares as there might be children or issue of a deceased child or children living at the time of his death, and the share or shares respectively of any child or children so living at the time of his death he directed his executrix to grant, assign and pay over to a trustee to invest the same, and hold such share or shares in trust for such child or children severally and respectively. By a codicil he directed as follows: “ Respecting the shares of my daughters, I do will and direct that the trustee of their shares shall, upon the arrival of each of my daughters at the age of twenty-one years, pay, assign, transfer and set over to such daughter out of her share the sum of twenty thousand dollars absolutely.” Held, (1) that the provisions of the will directing accumulations of income of the daughters is in conflict with the act of 1853; (2) that the legacy of $20,000 was to be paid out of the corpus of the shares of the daughters in the residue of the estate, and not out of accumulations of income which under the will were invalid and belonged to the daughters absolutely. Decedents' estates—Unlawful accumulations. Unlawful accumulations of income under the act of April 18, 1853, go to the minor absolutely when attaining majority.