Bryce's Estate

Citations

• 238 Pa. 519
• 86 A. 286
• 1913 Pa. LEXIS 1001

Syllabus

<p>Wills — Construction—Power of appointment — Invalid exercise of power — Tested and contingent interests.</p> <p>Testator died leaving to survive him a widow and four children, and by will gave his residuary estate to his wife for life, “with full power and authority by her will to allot and divide the same...... equally as hereinafter set forth, to and among my four children, their heirs and assigns,” naming them. Testator further provided that if his wife should die intestate, his property should go to his four named children equally. One of the said children died in the lifetime of the widow, leaving no issue surviving him, and the widow by will appointed the estate which her husband had left to the three living children. Held, the appointment was invalid, as there was a vested interest in all four of the children, and one share should be awarded to the representatives of the deceased child.</p>