Ballenger's Estate

Citations

• 19 Pa. Super. 199
• 1902 Pa. Super. LEXIS 61

Syllabus

<p>Will — Construction—Trust and trustees — Intestacy.</p> <p>Testator devised certain real estate and one of the three shares into which he divided his residuary estate in trust for his son, A, for life, and after his death to his issue absolutely, but if A should die without issue then to a daughter and to another son, “ to be held for them upon the same uses' and trusts as are set forth of and concerning their share and interests in my residuary estate.” He also devised one of three shares of the residuary estate in trust for his daughter for life, and after her death in trust for her son for life. He devised a third share in trust for another son. He described each of the shares as “ the principal of his (her) said trust estate.” He further directed that apart from the cancelation of A’s indebtedness to the testator, A “shall have and take no other part, share, or. interest in my estate of any kind whatsoever.” The daughter died leaving her son to survive her, and afterwards A died without issue. Held that, there was no intestacy as to the share of A, and that the specific real estate devised to him, and also his share of the residuary estate passed to and' became subject to the trusts in favor of the testator’s surviving son and the daughter’s son.</p>