Appeal of Little

Citations

• 117 Pa. 14
• 20 W.N.C. 242
• 11 A. 520
• 1887 Pa. LEXIS 230

Syllabus

<p>A testator by his will provided: (a) That the residue of his estate should be converted into money and after all his debts were paid his executors were to make semi-annual distributions on stated dates, the money to be divided into twenty parts of which there were to be distributed “ to J. R. M. and his heirs, four parts, that is the four parts are to be paid to J. R- M. during his lifetime, and after his death the same to be paid to his heirs; ” (5) that the shares of the several distributees were to be claimed by them within two years after his decease, or else to lapse into the general fund; (c) that no money should be paid to the distributees without a receipt therefor and a release of all claims against the estate; (d) That “in case of the death during the term of said renewal lease of any of the said distributees, the share of such decedent..... if of the heirs of J. R. M., shall be equally divided among the surviving heirs of said M.; ” (e) that if any of the gifts should fail to vest because of the beneficiary contesting the will, or neglecting or refusing to accept on the condition that the benefit should be in satisfaction and release of any claim or demand against the estate, the share of such recusant was given to the other members of the class to which he or she belonged. The testator died August 24, 1884. The executor filed an account December 6, 1884, confirmed nisi January 14, 1885, and absolutely April 15, 1885. Without having executed a release, but having written a letter to the executor asking at what date he might expect his share, J. R. M. died on March 29, 1885, leaving two sons and one daughter, and a will by which he gave his entire estate to said daughter. Held :</p> <p>1. That the gift to J. R. M. was not to be simply inferred from the direction to pay, but was a vested and absolute gift unaffected by the postponement of payment, or by the use of the word “ heirs,” by way of limitation and not of purchase.</p> <p>2. That the character o