Bender v. Bender

Citations

• 225 Pa. 434
• 74 A. 246
• 1909 Pa. LEXIS 679

Syllabus

<p>Wills — Trusts and trustees — Perpetuities.</p> <p>Testatrix gave her estate to trustees for the benefit of two nephews and a niece. She further directed as follows:</p> <p>“If any of said nephews and niece should die, then the child or children of such nephew or niece to receive the parent's share equally, to be paid to them or to their lawfully appointed guardian until such time as all three of said niece and nephews shall be deceased, after which the said rents, issues and profits shall be paid annually to all the children of said nephews and niece per capita, share and share alike, for life, and upon the decease of any of said grand-nephews and grandnieces his or her share to go to his or her heirs, thus paying the net income of said property to said grand-nephews and grand-nieces, or their heirs, until the last one of the following named grand-nephews and grand-nieces shall be deceased. The said grand-nephews and grandnieces are as follows, to wit: .... When the last' one of said above named grand-nephews and grand-nieces shall be deceased, then I direct said trustees or the survivor of them, or their successors in the trust, to sell all of said real estate at either public or private sale and make good and sufficient title deed therefor to the purchasers and convert all personalty into cash, and I hereby give and bequeath the same, and direct the distribution thereof, to and among the heirs of all the children of said nephews and niece, as aforesaid, per stirpes.” Held, that the will did not violate the rule against perpetuities.</p>