In re Estate of Waln

• Decision Date: 30 January 1899
• Docket Number: 332
• Citation: 189 Pa. 631,42 A. 299
• Parties: In re Estate of Lewis Waln, deceased. Appeal of Susan Israel
• Court: Pennsylvania Supreme Court

42 A. 299

189 Pa. 631

In re Estate of Lewis Waln, deceased. Appeal of Susan Israel

No. 332

Supreme Court of Pennsylvania

January 30, 1899

Argued January 19, 1899

Appeal, No. 332, Jan. T., 1898, by Susan Israel, from decree of O.C. Phila. Co., Jan. T., 1881, No 309, dismissing exceptions to adjudication. Affirmed.

Exceptions to adjudication.

From the record it appeared that Lewis Waln died in 1863, leaving a will by which he provided, inter alia, as follows:

"I give, bequeath and devise to the Pennsylvania Company for Insurances on Live and granting annuities the sum of Ten thousand dollars in trust to invest the same in well secured Mortgages on Real Estate in the City of Philadelphia or in Loans of the said City or of the State of Pennsylvania for the use of my niece Susan Israel paying to her the interest on the investment as it accrues during her life and the principal to her sisters Phoebe W. Bell and Mary L. Smith share and share alike at her death in case of her leaving no lineal descendants otherwise the principal to be paid to her child or children and in case of the death of Phoebe W. Bell or of Mary L. Smith before that of Susan Israel then the share of the said decedent to be paid to her child or children failing which to be paid to her sister if living or in case of her death to her descendant or descendants.

"I give bequeath and devise to the above mentioned company the sum of Ten Thousand dollars in Trust to invest the same in the above mentioned securities for the use of my nieces Phoebe W. Bell and Mary L. Smith and to pay to each of them one half of the interest on the investments as it accrues during life and on the death of either, one moiety of the principal to be paid to her child or children failing which her interest in the Trust to pass to her sister or to her descendants in case of her death."

Mary L Smith died December 26, 1895; Phoebe W. Bell died March 16 1898; neither left husband nor descendants. Mrs. Bell's will made the appellant, Susan Israel, her residuary legatee.

Susan Israel made claim to the fund given to the trustee for the use of Phoebe W. Bell and Mary L. Smith.

The auditing judge, ASHMAN, J., refused to allow the claim, and awarded it to other legatees in order to make good the bequests to them.

Exceptions to the adjudication were dismissed, PENROSE, J., filing the following opinion:

It is conceded, as it must be, that the original limitation to the beneficiaries under the present trust was but a life estate. Their interest, being equitable, could not coalesce with gifts over of the legal estate to descendants, even if the word "descendants" be regarded as the equivalent of heirs of the...