WILLS--MERGER OF ANNUITY FOR LIFE IN RESIDUE WHICH PASSED BY INTESTACY

Testator made several pecuniary bequests, including an annuity to his daughter of $25 per month for life. The residue was bequeathed to charity, but this gift failed, and it went instead, by intestacy, to the daughter and a granddaughter. The latter, objecting to a plan of distribution proposed by the auditor, petitioned for immediate payment to herself of one-half of the entire estate, contending that the daughter's annuity merged in her intestate share. The Orphans' Court dismissed the petition, and decreed that $12,831.44 of the estate of $32,831.44 be retained to carry out the testator's delayed bequests, including the annuity, and that the balance of $20,000 be paid to the two distributees in equal shares.

On appeal, held, affirmed. In re Yeisley's Estate, (Pa. 1948) 56 A. (2d) 205.