Wood v. Conrey

Miller, J., delivered the opinion of the Court. This appeal is from an order of the Orphans’ Court, distributing the personal estate of a testator under his will. The case has been submitted upon the briefs of counsel without oral argument. The record shows that John Conrey, the executor of Firman Layman, filed a petition in the Orphans’ Court, stating that he had in hand $262.60, which, with all other property in his hands for distribution, he was anxious to distribute under the Court’s order, and prayed the Court to appoint, (as provided in the Code, Art. 93, sec. 143,) a day for the meeting of the legatees, and to provide for distribution and payment of said sum, and all other sums of money and properties in his hands for distribution as aforesaid.

The Court accordingly appointed a day, and directed notice to be served upon the parties interested, including the appellants, and afterwards passed the order appealed from, directing the whole of the residue remaining in the petitioner’s hands, less the costs of these proceedings, to be distributed to William J. Pryor, a minor, named in the will, and to be paid to his guardian. By his will, the testator disposed of all his estate, real, personal and mixed, after payment of his debts and funeral expenses, as follows: 1st. He devised certain portions of his real estate, in fee, to Matilda Layman, wife of Philip O. Layman, his son James Gr. Layman, and Sarah Vaughn, wife of James Vaughn, respectively. 2nd.

He then devised several other portions of his real estate, which are particularly described, to his daughter, ⁵⁴⁵ Elizabeth Ann Pryor, widow of James Pryor, “ so long as she remains a widow; also all the furniture and fixtures, of which I am now possessed, in the hotel in which I now live, (with the exception of the furniture and fixtures contained in room number six in said hotel,) to have and to hold the same furniture and fixtures to her own use and behoof forever; but if the said Elizabeth should,- at any time after my decease, get married, then it is my will that all the gifts and bequests herein named, and granted to her, with the exception of the hotel furniture aforementioned, shall go to my grandson, William J. Pryor, the son of the said Elizabeth,” and he then adds, but should it so happen that the said Elizabeth should survive and outlive the said William, “ then it is my will and desire that all the bequests and gifts hereinbefore granted to her, shall revert back to the said Elizabeth, her heirs, executors, administrators and assigns, to her and their use and benefit forever.” 3rd. He then devises to his housekeeper, Eliza Ross, certain real estate for life, and the furniture and fixtures in said room number six in the hotel, absolutely, and then devises to his grandson, the said William J. Pryor, the reversion in the real estate which he had given to the said Eliza Ross for life. 4th. Then by a residuary clause he directs that all the rest and residue of his estate shall be equally divided between his daughter Elizabeth Ann Pryor, and his grandson William J. Pryor. It is admitted that the said Elizabeth was legally married to Samuel P. Wood in October, 1883, after the death of the testator, and probate of his will, and that her said husband is still living.

With regard to the furniture and fixtures in the hotel, we think it quite clear upon a fair