Engles's Estate

Citations

• 167 Pa. 463
• 31 A. 681
• 1895 Pa. LEXIS 928

Syllabus

<p>Will — Vested and contingent interest.</p> <p>Testatrix gave the residue of her estate to a trustee “ to pay over one-eighth part of the income thereof not exceeding Four hundred dollars per annum (everything in excess of that sum to go into the residue of the income of my estate) in equal quarterly installments to my sister Mrs. E. D. Whitney for and during the term of her natural life, and upon her death to pay out of the principal of my residuary estate three thousand five hundred dollars to my nephew William W. Whitney, and two thousand dollars to his son Thomas B. Whitney and two thousand dollars to his son Frank Whitney when they shall respectively attain the age of nineteen years, and in ease either of them shall die before attaining that age, then to pay liis legacy to the survivor, and in case they shall both die before attaining that age, then upon the death of the survivor to pay the amount of both their legacies to their father and mother in equal shares and the survivor of them.” Held, that Thomas took a contingent estate, and that he'was not entitled to interest on his legacy between the date of the death of the life tenant, and the time when he came to the age of nineteen.</p>