Day v. Thompson

Citations

• 233 Pa. 550
• 82 A. 935
• 1912 Pa. LEXIS 867

Syllabus

<p>Wills — Construction—Estates in remainder — Gift to a class.</p> <p>Testator devised to his son certain real estate upon condition of his paying to the testator’s widow a specified annuity; and then provided “at his death to be divided among his living children as follows: — Five hundred dollars to M. (a daughter of the son), the remainder to be equally divided among the other children.” At the date of the will the son had five children; another child was born before the death of the testator and two were born afterward. Held, that the words “at his death” referred to the death of the son and fixed the time for division; that the words “living children” and “other children” were descriptive of the persons who were then to take; and that until the time for distribution was reached, the persons entitled to shares could not be ascertained.</p>