Hershey's Estate
Supreme Court of Pennsylvania
Hershey's Estate, 200 Pa. 562 (Pa. 1901)
50 A. 199; 1901 Pa. LEXIS 532
Cueiam, Fell, McCollum, Mestrezat, Mitchell, Potter
Hershey's Estate
Opinion of the Court
It seems to us that the conclusion arrived at by the learned auditor was sound, and that the provisions of the will of Elizabeth B. Hershey, relating to the personal estate which she bequeathed to her husband, excluded the general legatees from paymezrt out of said estate. This view of the case was sustained by the learned judge of the court below who dismissed the exception and confirmed the auditor’s report absolutely.
Decree affirmed.
Reference
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Will—Gift of personal property io husband. Testatrix bequeathed to her husband “all my personal estate, such as bonds and mortgages, borough bonds, bank and turnpike stocks,” etc. She then gave certain money legacies, but directed that they should not be paid until after the death of her husband, unless he should prefer to pay them “of his own account.” She appointed her husband executor with power to sell real estate, and with a life interest therein. Held, that the gift of personal property to the husband was absolute, and that the general legacies could not be paid out of it.