Aubert's Appeal

Citations

• 119 Pa. 48
• 12 A. 810
• 1888 Pa. LEXIS 523

Syllabus

<p>A testator left the one half of his residuary estate to his executors, in trust to keep the same invested and to pay the income to his brother and sister during their respective lives, share and share alike, upon the death of either to pay to his or her children the one half of said income, and upon the death of both, to distribute the trust estate to the children of the brother and sister, per stirpem. The widow of the testator, for whom provision had also been made, died; the brother also died, and without issue; whereupon the widow’s husband, the sister still living, prayed for payment of the one half of the trust fund to himself.</p> <p>Held, that as by the testator’s will distribution was expressly postponed until the death of both brother and sister, following Wilen’s Appeal, 105 Pa. 121, the court would not interfere with his directions.</p>