Subject. Testator devised all of his estate to his wife for life, giving and granting to my said wife the full right and privilege to dispose of any or all such estate as she may see fit, at any time for her support," and then provided: "After the death of my said wife, then I give and bequeath unto my daughter-in-law, Emma Yoos Kentlein, the sum of seven hundred dollars, and to my grandchildren, Edna I., John and Alma G. Kentlein, the sum of seven hundred dollars each." Alma died after the testator but before the life tenant.

Held: That the devise to the wife for life carried with it the power of consumption and, therefore, what the legatees over should receive was contingent wholly upon the exercise of the power, and Alma had no

vested estate to the amount of this legacy in testator's property, and was precluded from any participation by her or her representatives in the legacy bequeathed... Testator provided in the first codicil to her will as follows: "I give and bequeath to Mrs. Elizabeth McCutcheon of Rose Hill, Sharpsburg, fifteen (15) shares of stock of the Standard Underground Cable Company," and in a later codicil to the same will she provided: "Also five (5) shares of Standard given to my sister, Mrs. Margaret Parke, of Newark, Ohio, is revoked, and ten (10) shares of Standard Underground Cable is bequeathed to my niece, Mrs. Lizzie McCutcheon, Rose Hill, Sharpsburg."

of

304

Held: (1) That the bequest was cumulative and not substitutionary. (2) In the absence of any distinguishing word to identify specific shares, the bequests would be general, and in the absence of sufficient residue the deficiency would pro rate 409 A wife by will devised her husband a life estate in certain real estate, but provided: "That if it appears that the income is not sufficient for his maintenance, I hereby order and direct hereinafter executor, my named, to sell said property and give the proceeds to my husband for his use and benefit." After the wife's death the husband conveyed deed his life interest in said by property, and later went into bankruptcy. Creditors filed a bill, claiming that the proviso in the will gave the husband an estate in fee in the land.

had

con

419

Held: That the bankrupt only a life estate, and as he had valuable conveyed this for a sideration, and not in fraud of creditors, the bill was dismissed.. A direction in a will, where testator appointed executors to manage his "The balance of the estate, that: income after paying these legacies and taxes to be spent in keeping up the houses in good condition, should there be more than will do this the money to be placed in bank to accumulate" is invalid, and the plus should be distributed to the next of kin.. Testator, who died October 13, 1899, devised his residuary estate to his wife for life and the remainder over to his four children. This reslduary estate consisted principally of 812 shares of capital stock of a corporation. On February 25, 1910,

sur

441

Page.

B. F., one of the children, executed a deed of trust conveying all the property to which he was entitled under his father's will, the income to

be paid to himself during his life, and with remainder over. Testator's widow died June 30, 1910. The son, B. F., died April 12, 1912. On April 24, 1912, the corporation declared a stock dividend of 33 1-3 per cent., payable out of the surplus earnings of the company. On exceptions to the auditor's report,

479

Held: That when the surplus earnings were divided in the shape of a stock dividend, B. F. was only entitled to the income earned during his life estate, and the amount of the surplus earnings represented in the stock dividend earned between February 25, 1910, and April 12, 1912, was to be determined by the action of the board of directors of the corporation, rather than by the trial balances from month to mouth, following the rule laid down in Stoke's Estate, 240 Pa., 286.. Where testator created a trust to continue until the youngest child was 25 years old, and more than a year after the account had been audited and the balance awarded to the trustees, the widow presented a petition for leave to take against the will, the petition will be granted, when it appears that the widow did not definitely know the value of the personal estate as well as the income of the entire estate, and that she did not have sufficient information upon which to act intelligently, and it further appears that no one has been injured by the delay 495 Testatrix bequeathed the Income of certain property to her two daughters and one son under certain conditions, and then provided: “And in further trust at their decease to their right heirs in fee, provided, however, that either die without leaving issue surviving her, then and from thenceforth my said son Henry to receive one-fourth of the net rents and the surviving sister, whether Ellen Letitia, threefourths, and upon the death of the said survivor and the said Henry, then in trust for their right heirs in fee; but in the event of both Ellen and Letitia leaving lawful issue surviving, Henry to have no interest beyond that of his natural life." One of the daughters died without leaving issue surviving and thereafter the surviving daughter and the son made partition of the land, the daughter acquiring the son's interest. This "surviving" daughter having died testate but without leaving issue surviving, two of the heirs at law of the original testatrix filed their bill for partition. to which the executors and trustees under the will of the daughter demurred, claiming that their testatrix owned the land in fee.

or

ing her natural life," and then provided for their disposition at her daughter's death among testator's lineal heirs, and in case none were living at her daughter's death, the trustee was to sell them and give the proceeds to designated institutions, it is not necessary for the daughter to furnish security to the trustee in that the "use and enjoyment" of jewelry and precious stones is distinguished from the "use and enjoyment" of personal property as generally understood, and the duty imposed upon the court by the Act of February 24, 1834, would not apply, in that the language of the bequest takes it out of the class of personal property bequeathed for life or for a limited period with remainder over Where testator provided: "At the death of one or more of the persons named as legatees I will and direct that the share or shares of such one or ones shall be equally divided among all the surviving legatees," it is clear that these words of the testator refer to death in his lifetime and not subsequent thereto... 738 When a testator directed how his estate shall be disposed of, and that in a lawful manner, he had a right to say what should be done with his own property, and how it should be distributed, and a widow's election, changing the disposition of a part, should not result in defeating his intention and express commands as to the residue..

WITNESSES.

See also Evidence; Non-Sult; Insurance; Trespass; Judgment; Bills and Notes; Descent and Distribution. The question as to whether the right of a witness to recover in a murder case depends on the regularity or validity of the process to which he is subjected not decided.. A witness is competent to testify on behalf of the estate ag to statements made by decedent that she did not want her husband to be notified of her sickness or death, and that no part of her estate was to go to him...

In

wag

..........

an action of trespass, where the court ruled that there could be no recovery by the "next friend" on his own behalf, the "next friend" incompetent as a witness to testify to anything whereby by his admissions the rights of the infant would be prejudiced The Act of 1887 does not make a surviving claimant an incompetent witness against a decedent's estate where the children of the life tenant (whose husband devised her his estate for life with remainder to their children), a few days after the estate vested in her, turned over the management and control to the children of the entire estate, by power of attorney, wherein she substituted them for herself. By this power of attorney, the life tenant eliminated herself, and the contract of claimant was not with the life tenant, but with those whom she qualified with full power to represent her; in effect this estate passed to the heirs as the husband's estate, thus substítuting a party. not as agent, but as principal. This evades the prohibition as to competency of a claimant against the estate of one

657

815

222

233

466

whose lips are closed by death, and the claimant against the estate of the life tenant would be a competent witness to prove his demand.. 781 WORKMEN'S COMPENSATION LAW. See also Negligence; Insurance; Hospitals.

re

30

Under the provisions of the Act of June 2, 1915, P. L. 762, for the creation and administration of the State Insurance Fund in the Workmen's Compensation Act, it is not necessary for the auditor general to countersign receipts for money paid into this fund. The signature of the State treasurer is sufficient. Nor is it necessary for the auditor general to countersign warrants drawn upon this fund, as no part of this fund belongs to the State. The Act nowhere requires this money to be deposited in the State Treasury, nor is the deposit of this fund limited to the depository banks selected for State funds..... Under the provisions of the Act of June 2, 1915, P. L. 736, the appropriation of $15,000.00 by the State to the "Workmen's Insurance Fund" to pay compensation for injuries to, or death of, employes of the Commonwealth is limited to employes proper on the payroll of the Commonwealth and its Departments, and does not include employes of governmental agencies of the State (such as State Hospitals for the Insane and similar institutions) which receive separate appropriations, and have the power of employment and discharge of subordinates. Under the Act they are bound to insure their own employes and to pay for the same from their ordinary ceipts or out of the funds appropriated for their maintenance.. The Pennsylvania Compensation Act of June 2, 1915, P. L. 736, does not apply to cases involving injury or death to employes of interstate carriers, when the injury or death occurs while the employe is engaged in Interstate Commerce. The Federal Employers' Liability Act of April 22, 1908, is the exclusive legislation covering such cases.. The hospital is fully justified in making a reasonable charge sufficient to cover the cost and treatment of injured workmen against the employer during the first 14 days after disability under the Workmen's Compensation Law.. Under the Act of June 2, 1915, the Commissioner of Insurance has full supervisory control over insurance policies under the Workmen's Compensation Act. He cannot prescribe the form of the policy as to its mere phraseology, but he can require one that conforms in substance to the express requirements of the Act, and interdict one whose terms are in palpable violation of its inhibitions. O'Neil vs. Insurance Company, 166 Pa., 72, distinguished.... 295 Where an employer has elected not to be governed by the provisions of the Workmen's Compensation Law and to act as his own insurer, the Workmen's Compensation Board has no legal authority to receive bonds от other securities upon a deposit as collateral security for compliance with the Act of June 2, 1915, P. L. 762, for the payment of compensation to injured employes; nor has the State treasurer any power or authority to accept these bonds for safe-keeping.. Where an injured employee under the Workmen's Compensation Law was

145

218

382

An Attorney

Needs a Bank

Near the Court

House That Can

Give Him Prompt

Service in All His

Financial Transactions

This bank is located just opposite the Court House in the Frick Building.

It is open until 4 P. M.

It's a safe depository for Trust Funds.

It pays 4% on Time Deposits. 2% on Checking accounts.

It has the largest Armor Plate vaults in the world-Private boxes $5 to $500.

It's Foreign and Steamship De partment gives splendid service in all Foreign matters.

THE

UNION SAVINGS BANK

Printers

Engravers

Embossers

Stationers

Bookbinders

Lithographers

Publishers

Everything the word printing implies

Smith Bros.
Co. Inc.

409 Grant Street
Pittsburgh, Pa.

Resources
Capital & Surplus

Over 17 Millions $2,100,000

Court 1691

Main 2013

FRICK BUILDING.