Appeal of Reiff

Citations

• 124 Pa. 145
• 24 W.N.C. 316
• 16 A. 636
• 1889 Pa. LEXIS 1014

Syllabus

<p>(a) A testator after bequeathing equal shares in his estate to his daughters for life, provided as follows : “And at the decease of any or all of them, in trust to pay over the share of her so dying to lior child or children who may then be living, or the issue of such as may be dead, and in default of leaving any child, or the issue of any child, then in trust to pay the same to my surviving children, and the issue of such of them as may be deceased, such issue taking the share to which their deceased parent would be entitled if living.”</p> <p>(p) A life-tenant was awarded her share by a decree of court upon giving security under § 49, act of February 24, 1834, P. L. 83, and having died without issue but leaving a brother and sisters and the children of deceased brothers who had died after the testator, the executors of her own will embraced the fund she held for life in their account for distribution.</p> <p>1. In such case, as the remaindermen were legatees under the will of the first testator, and were as creditors of the estate of the life-tenant, they were entitled to receive the fund with interest from her death and without being diminished by compensation to her as trustee, or by any part of the expenses of the settlement of her estate.</p> <p>2. The interests, in the fund, of the deceased brothers of the life-tenant were not vested at the death of the testator and payable at the death of the life-tenant to their personal representatives, but were contingent upon their surviving the life-tenant and also upon her death without issue, and were therefore payable to their children.</p>