Hoopes v. Dundas
Supreme Court of Pennsylvania
Appeal from the Nisi Prius in Equity. Feb. 12. Case stated as on a bill and answer. The complainant claimed under the following clause in the will of Pratt: “ Item, I do give to my executors, hereinafter named, and the survivors or survivor of them, and the executors and administrators of such survivor, an annuity or yearly'sum of $600, to be paid to Sophia Pratt, the widow of my deceased son Edmund Pratt, in quarterly payments, during all the term of her natural life, if…
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Appeal from the Nisi Prius in Equity. Feb. 12. Case stated as on a bill and answer. The complainant claimed under the following clause in the will of Pratt: “ Item, I do give to my executors, hereinafter named, and the survivors or survivor of them, and the executors and administrators of such survivor, an annuity or yearly'sum of $600, to be paid to Sophia Pratt, the widow of my deceased son Edmund Pratt, in quarterly payments, during all the term of her natural life, if she so long remain his widow unmarried.” The residue-of his estate was devised over. ' Sophia, the annuitant, had since…
1Opinion of the CourtGibson, C. J.
The point in this case is a narrow one. Though the bequest of an annual sum to a woman may be restrained to her marriage, by words of conditional limitation, McIlvaine v. Gethen settles the law with us, that it cannot be done by a condition subsequent, where there is no bequest over; and the question here is a single one — is this a condition or a limitation? The testator gave his executors an annuity, “to be paid to Sophia Pratt (widow of his son), in quarterly payments, during all the term of her natural life, if she so long remain his widow unmarried.” Not to stickle-about words, this…
2Cited by3 opinions
- Holbrook's EstateSupreme Court of Pennsylvania · 1905
- Alexander's EstateSupreme Court of Pennsylvania · 1941
- Jacobs' EstatePennsylvania Orphans' Court, Huntingdon County · 1947