Woodburn's Estate
Supreme Court of Pennsylvania
Appeals, Nos. 222 and 223, Oct. T., 1892, by Henry S. Ritchey, guardian of minor children of Samuel Woodburn, deceased, and John Woodburn et al., from decree of O. C. Washington Co., Aug. T., 1889, No. 48, distributing estate of Samuel Woodburn, deceased. Audit of executor’s account.
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Appeals, Nos. 222 and 223, Oct. T., 1892, by Henry S. Ritchey, guardian of minor children of Samuel Woodburn, deceased, and John Woodburn et al., from decree of O. C. Washington Co., Aug. T., 1889, No. 48, distributing estate of Samuel Woodburn, deceased. Audit of executor’s account. From the report of the auditor, J. F. McFarland, it appeared that Samuel Woodburn died April 1, 1889, leaving a will by which he devised and bequeathed his estate as follows : “ 2. I do give and bequeath to my wife (Mary Woodburn) the use of a one third (£) interest in my estate (property personal and real…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The single question in both these appeals is ruled by Coover’s Appeal, 74 Pa. 143. The testator gave to his widow “the use of a one third interest ” in his estate, that is, not the income of one third but one third of the income of the whole. To ascertain and secure such third the whole estate had to be kept together. Such was undoubtedly the testator’s intention, and he provided for it by a trust. But outside of this provision for his widow, the whole beneficial enjoyment of his estate is given immediately to his children. The “ use of the remaining two thirds…
2Cases cited1 opinion
- Coover's AppealSupreme Court of Pennsylvania · 1873
3Cited by15 opinions
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- Johnson v. Provident Trust Co.Supreme Court of Pennsylvania · 1924
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