Brundage's Estate

Citations

• 36 Pa. Super. 211
• 1908 Pa. Super. LEXIS 138

Syllabus

<p>Will — Construction—:Distribution per capita or per stirpes.</p> <p>The words “equally to be divided” “to be equally divided share and' share alike,” or words of similar import in a will, indicate a testamentary intention to give to the individuals and, therefore, call for a distribution per capita unless other language of the will plainly shows a contrary intention.</p> <p>A bequest to a number of persons not named, but answering a general description, is a gift to them as a class. • ...1</p> <p>Testator after providing for several legacies gave the remainder of his estate to his son, and directed further that in case of the death of his son before he became of age “then the property to go'to my brothers’ and sister's children in equal ¡proportions share and share alike.’’’ The son died before reaching his majority by reason whereof the contingent bequest took effect. The testator had two brothers and one sister’.' Each of t'he brothers had three children and the sister one child. Held> that the brothers’ and sister’s children took per capita and not per stirpes.</p>