Bell's Estate

Citations

• 147 Pa. 389
• 23 A. 577
• 1892 Pa. LEXIS 862

Syllabus

<p>Wills — Intestacy as to residue.</p> <p>If sin intestacy occurs by reason of the failure of a contingent remainder,</p> <p>where there is no limitation over, the next of kin and heirs entitled to take the estate are to be ascertained as of the date of the death of the testator, and not at the date of the determination of the contingency; and the fact that the person to whom the prior estate was given, though his death was to precede the ultimate limitation, is himself an heir, does not change the result.</p> <p>Testator upon the death of his wife-gave the entire income to his daughter for life, with a power of appointment to her children of the principal of the trust estate, but in default of such appointment, then he directed payment of the said principal to her children in equal shares. And in case of her death without leaving issue, then he directed his executors and trustees to pay and divide the said capital among his brother and sisters and their issue, and his wife’s brothers and sisters and their issue, in the proportion mentioned in the will; but in case either branch shall be then dead, without leaving lawful issue, then to pay and divide said capital to and among that branch which shall then be surviving. No disposition was made of his estate upon the happening of the death of both branches. Meld, that as the daughter would take her deceased mother’s share, she diild take the entire undisposed-of estate as heir at law of her father.</p>