Bacon's Estate

Citations

• 202 Pa. 535
• 52 A. 135
• 1902 Pa. LEXIS 561

Syllabus

<p>Deed — Life estate — Issue—Gross remainder — Trust and trustees.</p> <p>An uncle created by deed a trust for his five nieces for life, with remainder “ in trust as to one equal fifth part of said estate hereby conveyed for the use of any issue which said niece may leave, if more than one in equal shares in fee simple, and if any one of my said nieces shall die without issue, then the share of the one so dying shall go to her surviving .sisters or sister respectively that is, the daughters oí D. shall be entitled to receive the share of one of their sisters so dying without issue, and the daughter of T. shall be entitled to receive the share of her sister so dying without issue, but the same shall still be held by the trustees above named upon the same trusts as are above set out and hereinafter provided for.” The three nieces, daughters of D., subsequently died, two leaving issue surviving, and the third dying without issue. The two daughters of T. died leaving no issue. Held (1) that the nieces should have but life estates; (2) that their issue should take in fee; (3) that the grant should be kept within family lines, that is, that the shares of the daughters of T. and their issue should be kept separate and distinct from the shares of the daughters of D. and their issue, and there should be cross remainders within but not without the family lines; (4) that if there were issue within the family lines, that issue should take to the exclusion of everybody else, though their parent had died before her sister who had left no issue; (5) that the share of the daughter of D., who died without issue, should go to the issue of her deceased sisters; (6) that the two fifths in which the daughters of T. had a life interest should go to the heirs of the grantor under the intestate laws.</p>