Appeal of Craige

Citations

• 126 Pa. 223
• 17 A. 585
• 1889 Pa. LEXIS 861

Syllabus

<p>(a) The will of a testator dated in 1855, provided : “ In the event of my son’s decease, and of his wife, Ann, while a widow, or in the event of her second marriage, 1 will that my whole estat e shall be immediately divided in two equal portions . . . . , and that one half of said estate thus di- - vided shall be distributed in equal proportions, to the children of my son Edmund and his wife Ann, living- at the time of their death or of said Ann's second marriage.</p> <p>1. Edmund died May 15, 1878, and his widow, Ann, September 11,1888; Edmund, left two children to survive him, George W., who survived his mother, and Hattie, who died before her: In such case the estate given to the children of Edmund and Ann Holmes was contingent and became vested only upon the death of both father and mother, and then in such of their children as were living at that time: McBride v. Smyth, 54 Pa. 245, followed.</p> <p>2. Where an estate is devised to such children as shall be living at a certain time, without any distinct gift to the whole class, preceding such restrictive description, so that the uncertain event forms part of the description of the devisee, the devise is contingent, for until the happening of the event there is no person answering the description of the person who is to take.</p>