Sellick v. Sellick

William J. Sellick (the decedent) died, survived by his wife, Caroline Sellick, and his son from a prior marriage, William R. Sellick (the son) (plaintiff). The decedent was also survived by his nephew, Arthur Sellick, and his niece, Gertrude Sellick (defendants). The decedent’s will left Caroline $25,000 to use for her lifetime and provided that any remainder at her death would go equally to Arthur and Gertrude. In addition, the will left $5,000 each to Arthur and Gertrude. Finally, the will left the residue of the decedent’s estate to his son. Caroline, as the decedent’s widow, chose to take her statutory elective share of the decedent’s estate. The son filed a petition claiming that the $25,000 in the will should be held for him as residuary legatee to offset the depletion of his residuary interest that resulted from Caroline taking her elective share. The trial court held that as a result of the $5,000 gifts to Arthur and Gertrude, the will left Caroline $25,000 absolutely, thus holding that Arthur and Gertrude were not entitled to receive any of the $25,000, regardless of any of the other questions presented. Arthur and Gertrude appealed, arguing that the will gave Caroline $25,000 in a life estate and that Caroline’s statutory election ended her life estate, leaving the remainder to immediately pass to Arthur and Gertrude under the doctrine of acceleration of remainders.