Wunder's Estate
Wunder's Estate
Opinion of the Court
At the audit of the account of the executor of Sarah |Wunder, deceased, the balance for distribution was claimed by the next of kin of decedent,—alleging an intestacy,—and by the heirs-at-law of her deceased husband ; an award to the latter, and the allowance of the claim of a third party against the estate, were approved; this appeal followed.
The decree appealed from is affirmed on the following excerpts from the opinion of the court below: “The question we are called upon to decide relates to the distribution of the testatrix’s residuary estate, with regard to which she provided as follows: ‘All the rest, residue and remainder of my estate......I give, devise and bequeath unto the West Philadelphia Title & Trust Company..-----in trust nevertheless and for the following uses and purposes, that is to say, to pay over to my beloved husband Edmund L. Wunder the sum of fifteen dollars weekly as long as he shall survive me. Should ■however the income from my said estate be not sufficient to fully provide for said weekly payment of fifteen dollars to my said husband, I hereby authorize and empower my trustee to apply so much of the principal and corpus of my said estate as may be necessary to. fully provide for said weekly payment to my husband. From and immediately after the decease of my said husband I direct my said trustee to pay over the balance of my said estate remaining in its hands in such manner and to such persons as my said husband may direct by his last will and testament. Should he however die intestate I direct my said trustee to pay over said balance to the heirs-at-law of my said husband.’......The gift to the heirs-at-law of the husband is an alternative one, and, as he died in the testatrix’s lifetime, the alternative gift
The assignments of error are overruled and the decree is affirmed at cost of appellant.
Reference
- Cited By
- 15 cases
- Status
- Published
- Syllabus
- Wills—Construction—Remainder—Gift to husband — Power of appointment—Intestacy—“Heirs” —■ Alternative gift — Parties — Objection to claim against estate. 1. Where the word “heirs” is used in a bequest of personalty, it means heirs as ascertained by the statutes of distribution, unless a contrary intent is indicated by the will. 2. Where a wife gives the residue' of her estate to a trustee to pay a specified amount per week to her husband for life out of the income, or out of principal if necessary, and on the death of the husband to pay the remaining balance of the estate to such persons as her husband may appoint by will, or in case of his dying intestate, to the heirs-at-law of her husband, the gilt to the heir§ of the husband is in the alternative, and, if he dies intestate, his heirs take by substitution, to the exclusion of the next of kin of the testatrix. 3. In such ease where a claim by a third party against the estate is admitted by the heirs of the husband, but objected to by the heirs of the testatrix, it will be allowed, inasmuch as the latter, not being entitled to share in the distribution, have no standing to object to the claim.