Dillin's Estate

Citations

• 47 Pa. Super. 158
• 1911 Pa. Super. LEXIS 128

Syllabus

<p>Wills — Trusts and trustees — Beal estate — Distribution.</p> <p>Testatrix gave her real estate in trust to pay the income in equal shares to her two daughters for their respective lives; upon the death of either, the income to which she would have been entitled if living was to be paid to her children, and the issue of deceased children, until the death of the survivor; upon the death of that survivor, the real estate was to be sold and the proceeds divided, one-half among the children and issue of deceased children of one daughter, and one-half among the children and issue of deceased children of the other. The two daughters survived the testatrix. After the death of one of them the real estate was sold, and the proceeds came into the hands of the trustees. Held, that one-half of the proceeds from which the income of the deceased daughter had been derived could not be distributed even with the consent of the surviving daughter, until the surviving daughter herself died.</p>