Bentley v. Kauffman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January. Term 1877, No. 187. Hannah Ann Kauffman died on the 19th of September 1873, leaving a will, as follows: “Imprimis. It is my desire, immediately after my decease, that all my personal property shall bo sold at public sale and my funeral expenses paid, and the balance of funds to be invested and placed to the credit of my son, Leon Kauffman, which shall be explained hereafter.
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Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January. Term 1877, No. 187. Hannah Ann Kauffman died on the 19th of September 1873, leaving a will, as follows: “Imprimis. It is my desire, immediately after my decease, that all my personal property shall bo sold at public sale and my funeral expenses paid, and the balance of funds to be invested and placed to the credit of my son, Leon Kauffman, which shall be explained hereafter. “ One year after my decease I desire my executors to sell my real estate, situate in Wood street, north side, west of Second street, at public…
1Opinion of the CourtChief Justice Agnew
Did Leon Kauffman take an estate for life or absolutely in the personalty bequeathed to him by his mother, Hannah Ann *101Kauffman ? We think it was a bequest of the interest or income for life only. That a bequest of income or profits will carry an absolute estate in the principal or corpus of the estate in some cases is well settled; but the ground of the conclusion in such instances is that uo contrary intent of the testator appears to sever the product from its source, and the fruits, therefore, carry with them that which bears them. In the interpretation of a will, however, in order to…
2Cited by7 opinions
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- Reilly's EstateSupreme Court of Pennsylvania · 1901
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