Jacoby's Estate

Supreme Court of Pennsylvania January 6, 1908

Jacoby's Estate, 219 Pa. 554 (Pa. 1908)

69 A. 46; 1908 Pa. LEXIS 621

Brown, Elkin, Fell, Mestrezat, Potter, Stewart

Opinion of the Court

Per Curiam,

In making a division of his estate, after the payment of specific legacies and such share of his estate as his wife might be entitled to notwithstanding his will, the testator evidently had in mind the residue of his estate for distribution, and the shares given were of it, and not of the whole estate of which he died possessed.

The order dismissing the petitions for review is affirmed on the opinion of the learned judge of the orphans’ court.

Reference

Status: Published
Syllabus: Will — Construction—Distribution. Where a testator after expressly stating that he leaves nothing to his widow, gives certain legacies and directs that the balance of his estate shall be held in trust to pay one-fourth of the income thereof to certain beneficiaries^ one-eighth thereof to another beneficiary, and the remaining portion to a charity, and the widow elects to take against his will, the charity is not entitled to an amount equal to five-eighths of the income from the balance of the estate, including the widow’s share, but is only entitled to five-eighths of the income from the balance of the estate after the widow’s share has been deducted.