Brooke's Estate

Citations

• 214 Pa. 46
• 63 A. 411
• 1906 Pa. LEXIS 595

Syllabus

<p>Will — Remainders—Contingent and vested remainders.</p> <p>Testator devised real estate to trustees with active duties “to hand over the net rents, issues and profits unto my daughter E. during all the term of her natural life, and upon her death to assign, transfer, convey and assure the said several premises unto such of her children as may then be living, share and share alike; and in default of any such child or children then living, then and in that case to transfer and convey the said several premises unto my daughter S.” E. had a child living at testator’s death. The daughter S. died prior to the child of E. When E. was sixty-six years old and a widow, the trustee petitioned the orphans’ court under the Price act for leave to sell the real estate. E. and her brother, who were the brother and sister of the whole blood of S., and her only heirs at law, joined in the petition. The heirs at law of the residuary devisee under testator’s will, being the half-sister and half-brother of E., resisted the petition on the ground that S., having died in the lifetime of E’s. child, never took any interest at all, and that E’s. child, having died before her mother, took nothing, and that the remainder thus falling became part of testator’s residuary estate. Held, .that E. and her brother of the whole blood were the only persons having an interest in the estate, and that the trust might be terminated and the estate sold at their instance.</p>