Legal Opinion

Whitmore's Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided November 3, 1924No. 659Published

1Opinion of the Court

Lamorelle, P. J.,

A bequest of the interest or product of a fund, without limitation as to the extent of its duration, is a bequest of the fund itself: Thompson’s Estate, 234 Pa. 82. If, however, the gift of income is limited, then there is no gift of principal: Weiser v. Zeigler, 192 Pa. 394. In the instant case, exceptant, while admitting the rule, contends that the gift over is void, in that it comes within the Rule in Shelley’s Case. But does it?

The will directs a sale of a house in event that the surviving husband and a sister no longer desired to dwell therein; a division of the…

2Cases cited7 opinions

  1. Estate of HemphillSupreme Court of Pennsylvania · 1897
  2. Little v. WilcoxSupreme Court of Pennsylvania · 1888
  3. Eshbach's EstateSupreme Court of Pennsylvania · 1900
  4. Xander v. Easton Trust Co.Supreme Court of Pennsylvania · 1907
  5. West's EstateSupreme Court of Pennsylvania · 1906

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