Equitable Guarantee & Trust Co. v. Bowe

Citations

• 9 Del. Ch. 336
• 82 A. 693
• 1912 Del. Ch. LEXIS 30

Syllabus

<p>Where the time for, or condition to, the payment of a legacy is annexed to the substance of a gift, and not merely to the payment, the legacy is contingent; but where interest, either by way of maintenance or otherwise, is given to the legatee in' the interim, the legacy will, notwithstanding the postponement, vest immediately on the death of the testator.</p> <p>A will bequeathed a sum of money to a trustee for each of certain grandchildren of the testator “ to provide for some of my sons who have a greater number of children than the others”; the money to be invested and the income to be expended for the maintenance and education of the grandchildren and the principal to be paid to them as they arrived at the age of thirty years. Held, that the legacies vested in the grandchildren at testator’s death, and that upon the death of a granddaughter under thirty years her share passed to her administrator.</p>