Estate of Farnum

Supreme Court of Pennsylvania
Estate of Farnum, 191 Pa. 75 (Pa. 1899)
43 A. 203; 1899 Pa. LEXIS 782
Dean, Fell, Gbeen, Green, McCollum, Sterrett

Estate of Farnum

Opinion of the Court

Opinion by

Mb. Justice Gbeen,

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 *82the residue of his estate into as many parts or shares as there may 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 directs his executrix to grant, assign and pay over to the trustee, to invest the same and hold such share or shares in trust for such child or children severally and respectively. The words “ share ” and “ shares ” as thus used in the will must clearly import share or shares in the residue of the estate, and when the testator in the codicil uses the same words to indicate the source from which the §20,000 must be taken, it necessarily follows that it is out of the residue of the estate, which is the.principal in the hands of the trustee that these legacies must be paid. That being so, the remaining considerations are very simple. It is conceded that the provision for accumulations is void, and it is only necessary to refer to the statute to learn what becomes of them. The words of the act (April 18,1853) are, “ And the rents, issues, interests and profits so directed to be accumulated contrary to the provisions of this act shall go to and be received by such person or persons as would have been entitled thereto if such accumulation had not been directed.” Under our decisions in Washington’s Estate, 75 Pa. 102, McKee’s Appeal, 96 Pa. 277, Grimm’s Appeal, 109 Pa. 391, Rhode’s Est., 147 Pa. 227, and other kindred cases, the unlawful accumulations go to the minor absolutely upon attaining majority. The title to them is derived from the statute and.is therefore not vfithin the control of the testator. In this view of the subject it is clear that the whole amount of the unlawful accumulations belongs to the appellee, and must therefore be paid to her absolutely, and the §20,000 legacy, to her by force of the codicil, and that also must be paid to her directly. We think the question is quite free of difficulty, and that it needs no further discussion. . .

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.