Appeal of Ryon

Citations

• 124 Pa. 528
• 17 A. 23
• 1889 Pa. LEXIS 1057

Syllabus

<p>(а) A testatrix having an undivided interest in realty subject to the curtesy estate of her father, provided by her will: “As to such estate, as it has pleased God to entrust me with, I dispose of the same as follows: ” Then follow certain legacies, after which the will proceeded :</p> <p>(б) “As to the remainder of my interest.....I direct that..... it shall be disposed of as follows, viz.: If said estate is sold before the death of my beloved father, then one half of said remainder shall be paid to him absolutely, and the remaining half shall be given to my sister, Mrs. Clara Ryon.”</p> <p>1. In such case, though it may have been the intention of the testatrix to dispose of the whole of her estate, the provision for her father was clearly conditioned upon a sale of the land in his lifetime, but that for her sister was independent of any condition.</p> <p>2. That the condition upon which one half of the remainder should be paid to her father having failed by reason of his death before the sale of the land, the provision for him lapsed and was to be distributed to the heirs at law of the testatrix under the intestate laws.</p>