Dailey's Estate

Citations

• 268 Pa. 379
• 111 A. 922
• 1920 Pa. LEXIS 698

Syllabus

<p>Will — Q onstruotion — Remainder—V esting — Postponement—Intestate laws — Gift to son.</p> <p>1. Where a testatrix makes provision for a son for life,. and further directs that after the son’s death one-half of her estate “then remaining be given to [her] sister and the balance to be divided under the intestate laws,” the son takes no vested interest -in his mother’s estate, and his widow takes nothing under the will.</p> <p>2. In such case the word “then” is used as an adverb of time, and indicates an intent of the testatrix to give the “balance” of her estate to those who would be her heirs at her son’s death, and not to those who were her heirs at the time of her own death.</p>