FORREST'S ESTATE

Wills — Construction — Election of spouse to take against will — Trust estates — Acceleration — Election not equivalent to death of husband life tenant.

Where testatrix bequeathed the residue of her estate in trust to pay the income therefrom to her husband and to her brother in equal shares during their respective lives, and further provided, inter alia, that in the event of the prior death of the brother one-fourth of the corpus of the residuary estate was to be paid at the death of the brother; that from this share certain pecuniary legacies in a stated amount were to be paid, and the balance, if any, was to go to two named charities entitled to the remainder; that the income on the remaining three-fourths share of the estate was to be paid to the husband for life and the principal to be distributed at his death; and that from this share certain other pecuniary legacies in a stated amount were to be paid and the balance was to go to the same two charities in remainder; and it appeared that the husband had elected to take against the will and that the brother had predeceased the husband; it was held that the election of the husband to take against the will could not be regarded as equivalent to his death under the circumstances in this case, and that the one-fourth share was to be presently distributed but that the remaining three-fourths share was to be sequestered, together with the income therefrom, until the natural death of the husband, and then paid over in accordance with the provisions of the will.

Argued April 22, 1941.

PER CURIAM, September 29, 1941:

The decree is affirmed on the opinion of Judge KLEIN of the court below. Costs are to be paid by the appellant in each case.