Bache's Estate

Citations

• 246 Pa. 276
• 92 A. 304
• 1914 Pa. LEXIS 508

Syllabus

<p>Wills — Construction—Vested remainders — Contingent remainders — Petition for sale — Price Act of April 18, 1858, P. L. 608— Act of June 14, 1897, P. L. 144 — Jurisdiction, O. C.</p> <p>1. A devise of real estate to one for life with remainder to the testator’s heirs, vests the remainder in those who answer such description at the time of his death, unless the will affords clear and unequivocal evidence to the contrary; and it is immaterial that the life tenant is one of the class who will take the remainder. The law favors vested rather than contingent estates and unless it clearly appears from the context or the circumstances of the case that a contingent interest was intended, the remainder will be regarded as vesting at the death of the testator and not at the expiration of the life tenancy.</p> <p>2. Testator by will devised as follows: “I give, devise and bequeath unto my daughter L. for and during the term of her natural life, the house and lot with barn and vacant lot comprising the homestead where I now reside.......And upon her death I give and devise the real estate aforesaid unto my lineal heirs, share and share alike, provided, however, that in case the said heirs shall be in more than one class they shall take per stirpes and not per capita. I further will and direct that in case all of my daughters if living, or such as may be living and the issue of those who are dead, should agree that a sale of the vacant lot...... should be advisable, and my said daughter should signify her assent to such sale by joining in the deed, then the same shall be sold, the money invested, and the income thereof be paid annually to my said daughter during her life, and at her death the said money to be distributed to my lineal heirs aforesaid as above provided in ease of the land remaining unsold.” Testator left three daughters, two of the daughters, L. and A., petitioned the Orphans’ Court for an order to sell the real estate under the Price Act, as amended by the Act