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· 5/26/1920

Blair v. Oliver

Citations

  • 267 Pa. 434
  • 110 A. 270
  • 1920 Pa. LEXIS 885

Syllabus

<p>Wills — Trusts and trustees — Vested and contingent estates— Death of children before or after testator’s death.</p> <p>Where a testator gives his estate to trustees to manage and make certain payments thereout, and provides that, in ten years from the date of his death, or at any time before the expiration of such ten years, the trust shall terminate at the discretion of the trustees, and gives the estate then in the hands of the trustees to his six children, naming them, in equal proportions, and further directs that “upon the death of any of my children leaving issue the share of each child shall be distributed to each of his or her children, and upon the death of any of my children without issue, such shares shall be distributed to his or her heirs being of my blood or such thereof as such child shall have designated by his or her last will and testament,” the testator did not contemplate the death of his children before himself, but their death before distribution, and the children, therefore, took an estate contingent upon their or their issue living until the distribution was made.</p>

Judges: Brown, Frazer, Kephart, Simpson, Stewart, Walling

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