Thompson's Estate
Thompson's Estate
Opinion of the Court
Opinion by
Homer S. Thompson died testate on the second day óf March, 1909, leaving to survive him his widow, Harriet, and three daughters, Anna May, intermarried with Wilson A. Evert; Hannah Elsie, intermarried with H. B. Foresman, and Lydia Blake, unmarried, and certain collateral heirs. The daughters were all of full age at the death of the testator. By his will, dated July 24, 1901, the testator, after bequeathing to his wife all
By item seven the testator directs that at the death of his wife the five thousand dollars, held in trust for her,
The widow and children, alive at the death of the testator, are all now living except Hannah Elsie, who died on the fourteenth day of April, 1910, intestate and without issue, leaving to survive her her husband, H. B. Foresman. The only question for determination here is the disposition of that part of the testator’s estate which was bequeathed to his daughter, Hannah Elsie. The interpretation of the other parts of the will and the disposition of the interests given to the other legatees may await the time when, if ever, a judicial adjudication becomes necessary. There is little or no ambiguity in the will. The testator has expressed himself so clearly and plainly that there should be little difficulty in distributing the estate in the future. For the present, we are only concerned, with Hannah Elsie’s share.
It needs a very brief discussion to determine the proper disposition of the one-third of the residue of the testator’s estate given to his daughter, Hannah Elsie.
There is no ground whatever for the contention that the testator died intestate as to the remainder after the life estate in Hannah Elsie’s share. In apt terms, the testator disposes of the remainder as well as the life interest given the daughter. To declare an intestacy as to the remainder of Hannah Elsie’s share would be to ignore the plain language of the will. He anticipated the death of his daughter without issue and provided, in that event, what should be done with the remainder. His intention is as clear and manifest as if, instead of the words used by him, he had directed that the remainder be distributed between his surviving daughters. They take the share in equal proportions, and hold it as each held the share originally given her.
It follows that the remainder of the share bequeathed to Hannah Elsie should be divided into two equal parts, and be held for her two sisters under the terms of the will. The income on her share due and unpaid at the time of her death is,' of course, payable to her husband. If the two remaining legatees desire to enter security and obtain possession of the fund bequeathed them, they can make the proper application to the Orphans’ Court as required by the Act of May 17, 1871, P. L. 269, and their right to the possession of the fund by entering security can then be adjudicated. It may be that the parties may desire the bequest to remain in the hands of the executor, but it will be time enough to determine their right to the fund when the question is raised on a proper application to the court for that purpose.
The decree of the court below is reversed, and it is now ordered that the share of the deceased daughter in
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- Wills — Construction—Bequests—“Balance of estate.” A testator, after bequeathing to his wife certain personalty, directed that the residue and remainder of his entire estate, should be converted into money and bequeathed $5,000 of this in trust for his wife for her life. He then directed that the residue of his estate be divided into three equal parts or shares and bequeathed one share to a trustee in trust to pay the interest or dividend thereof to his daughter A. during the life of her husband or their issue in the event of her death, and at his death the principal to A. or her lawful issue, and providing that should she die without lawful issue then the “share should revert to my estate and be distributed as the balance of my estate.” He then directed “One other of the full, equal third parts or shares of my residuary estate, I give, devise and bequeath unto my daughter, H., intermarried with F., or their issue. Should my daughter, H., die subsequent to my own'death without lawful issue, then the said one-third part or share shall revert to my estate and be distributed as the balance of my estate.” The other third part he gave absolutely to his daughter L. The testator later directed that “should all my daughters be dead without issue at the time of the death of my wife, I will and direct that whatever of my estate remain, shall be divided into four equal parts or shares and disposed of” to testator’s brother’s and nephews. Testator’s daughter H. died subsequent to him intestate and without issue leaving to survive, her a husband. Held, (1) that H. took a life interest only in the one-third part of the estate bequeathed to her; (2) that the words “balance of my estate” were used in the sense of the rest or residue of testator’s estate; (3) that the share of the testator’s estate bequeathed to H. became again, at her death, without leaving issue surviving, a part of testator’s estate, and passed to the other two daughters under the trusts of the will as though it had never been bequeathed to her; (3) that the husband of H. took no interest in the share of the fund bequeathed to his wife for life.