Daniels's Estate

Citations

• 27 Pa. Super. 358
• 1905 Pa. Super. LEXIS 66

Syllabus

<p>Will — Die without issue — Defeasible estate.</p> <p>Testator gave the residue of his estate to his daughter “for her benefit forever.” By a subsequent clause he directed that if the daughter “shall die before or after attaining the age of twenty-one years without issue,” then over. He also in his will desired and requested his daughter to select and have appointed as her guardian a particular person named. The will was made when the daughter was about sixteen years of age and subsequent to the Act of July 9, 1897, P. L. 213. At the time the will was made the testator was interested in the erection of certain buildings on his lands, and these he directed his executor to complete. Held, that the daughter took an estate defeasible upon her death at any period of her life without issue.</p> <p>In such a case the provisions of the will disclose a manifest intent of the testator not to limit the meaning of the words “die without issue” to death of the daughter in his own lifetime.</p>