Estate of Wilkinson
Estate of Wilkinson
Opinion of the Court
Opinion by
We quite agree with the learned auditor in the court below in his disposition of tins case. The money deposited in bank to th© credit of the firm of John P. Wilkinson & Brother was not the money of John P. Wilkinson, but of a firm of which he was a member. What proportion of it might belong to him as an individual would depend upon a settlement of the partnership accounts, and even when that was done it would have to be paid over to him before his private and exclusive ownership of it could attach. This fund could only be claimed by the executor of the widow under the clause of the will of John P. Wilkinson which gave to his widow, “ All money in the house and bank or on hand at the time of my death.” At the time of the testator’s death there was a small sum of money, $30.00, in the house, and there was to the credit of his individual account in bank the sum of $336.45. These were the only sums of money “ in the house and bank or on hand,” belonging to him at the time of his death. They would fully satisfy the requirement of the words which gave the legacy, and would obviate any necessity for resorting to another fund which did not belong
Decree affirmed and appeal dismissed at the cost of the appellant.
Reference
- Full Case Name
- Estate of John P. Wilkinson, Appeal of David J. Chambers
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Decedents' estates—Will—Money—Legacy. Where a testator in his lifetime was dependent for a livelihood on the income from investments, and the general intention of his will is to make such disposition of his estate as to enable his wife to continue in the same home, and live in the same way that he and she had lived in his lifetime, the words of the will are to be interpreted in the light of this general intention, and under a bequest to the wife, of “ all money in the house and bank or on hand at the time of my death,” she would be entitled to all specific sums of money which testator had at the time of his death, attainable for his immediate use in case of need. Decedents' estates—Will—Money in bank—Individual and partnership bank accounts. Testator, a man of considerable property, who had been living for some years on the income of his investments, gave his wife by will an undivided one-half interest in his real estate, ‘ ‘ together with the household and kitchen furniture including contents of the cellar, all provisions and all articles belonging to me in the house, my horse, two carriages, all my harness, cutter, stable furniture, hay, feed, feed chests, cutting box, chickens, all money in the house and bank or on hand at the time of my death.” At the time of his death he had $30.00 in the house, and an individual credit in the bank of $336.51. As surviving partner he had settled the business of a partnership, and, at the time of his death, there was a credit in the firm name of $7,497.47. On a settlement made after his death it was determined that he was entitled to $4,556.07 of this fund. Held, (1) that no part of the partnership fund belonged to testator in his individual capacity; (2) that the legacy gave the wife only his individual credit in bank and the money in the house.