Dutilh's Estate

Citations

• 80 Pa. Super. 134
• 1922 Pa. Super. LEXIS 34

Syllabus

<p>Wills — Interpretation — Trust — Devise of income to surviving child.</p> <p>A testator directed' tbat the income from a trust fund be paid to three daughters of the testator, two of whom were married. The will further directed that the income should be paid to the “survivors and survivor of them in case of the death of either without leaving any child or issue of any deceased child living at the time of her death, share and share alike for and during the full term of their respective lives, for their sole and separate use.”</p> <p>If either of the said daughters should die leaving a child, children, etc., the will provided that “the share of income of such deceased daughter shall be paid over or appropriated to...... such child, etc.,......such issue, however, taking or receiving only the parents’ share till the time for distribution of said trust fund, namely the death of the survivor of my said daughters.”</p> <p>One of the married daughters died leaving to survive her two children, and subsequently the unmarried daughter died.</p> <p>Held: that the share of the income payable to the latter should be paid to the surviving daughter and not be divided between her and the children of the other deceased sister.</p>