Crock's Estate

Citations

• 231 Pa. 271
• 80 A. 531
• 1911 Pa. LEXIS 827

Syllabus

<p>Will — Construction—Repugnancy—Intestacy.</p> <p>Testator divided his residuary estate after the death of his wife in ten parts, seven of which he gave absolutely to seven of his children, and the remaining three in trust for life for two daughters and one son. The gift in trust to the son G. provided as follows: “And at and immediately upon his decease out of the said one-tenth .... the sum of $2,000 thereof to go to G’s son, C., if he be then living .... and all the rest, residue and remainder of the said one-tenth part, the same to include the said sum of $2,000, should he the said C. depart this life before his father to revert to and become part of my residuary estate.” By a later clause testator directed as follows: “It is my mind and will that should any or either of my said daughters or sons for whom provision has been made through my said executors as trustees, shall happen to depart this life without leaving any child or children or lawful issue of any deceased child or children him or her surviving then and in such case and in every such case the part and share of my estate so devised in trust for him or her shall upon his or her decease revert to and become part of my residuary estate.” Reid, that C., surviving G., was entitled to $2,000 only out of the one-tenth bequeathed in trust to G. for life, and that the balance of said one-tenth was distributable in equal ninth parts to the testator’s surviving children.</p>