Carroll Estate

Taxis, P. J.,... In his will testator provided, inter alia, as follows:

“SIXTH: I give and bequeath unto my sister Margaret T. Carroll, the sum of three thousand dollars ($3,000.00) to be used only toward the purchase of a home for my sister.”

The petition for adjudication avers that Margaret T. Carroll, the sister, has neither purchased a home nor indicated to the accountant any intention of purchasing a home, and the auditing judge is requested to determine the effect of said sixth paragraph.

In Beck’s Appeal, 46 Pa. 527, at page 532, the rule which would appear to cover such legacies is…