Cascaden's Estate

Citations

• 153 Pa. 170
• 25 A. 1075
• 1893 Pa. LEXIS 1069

Syllabus

<p>[Marked to be reported.]</p> <p>Wills — Vested estates — Time of distribution.</p> <p>Testator by his will directed his executors to invest the residuo of his estate, the income to be paid to his wife, until his youngest child should, arrive at the age of twenty-one years. Testator further directed as follows: “When the youngest child.arrives at the full age of twenty-one years then I direct all my said real estate and investments to be converted into money by my executors and divided as follows: I give and bequeath to my wife out of said moneys the sum of fifteen thousand dollars, and all the rest, residue and remainder I direct to be divided among my said children, share and share alike, subject to the deduction which I have before directed to be made, should any of my said children die before the youngest child arrives at the age of twenty-one years leaving children, then the said share shall be divided among said children, share and share alike, or if he or she shall die without leaving children then his or her share shall be divided among the remaining children, share and share alike.” One of testator’s daughters married and died, leaving surviving her husband and one child who also died before the youngest of testator’s children came of age. Held, that the gift being to testator’s children as a class, the gift was contingent upon a child living to the period of distribution, or leaving a child who should live until such period: McClure’s Ap., 72 Pa. 414, distinguished.</p> <p>In this ease the child of testator’s daughter having died before the period of distribution, the husband took nothing as the heir or next of kin of his child.</p>