Estate of Nebinger

Citations

• 185 Pa. 399
• 39 A. 1049
• 1898 Pa. LEXIS 729

Syllabus

<p>Will — Intestaey—Remainders.</p> <p>Testator after disposing absolutely of two fourths of his residuary-estate gave one fourth in trust for his sister for life, and at her death one half of the income of said fourth to his nephew for life, and half of the income to his niece for life. At the death of the niece, he gave one half of the principal of the share so held in trust, being one sixteenth of his residuary estate, to her children; and in case of her death without children or other issue, then the whole of the principal of one eighth to a certain charity. This charity was the ultimate remainderman as to other shares of the residuary estate, and it also received a money legacy under the will. The niece died leaving children to survive her. Held, that testator died intestate as to one half of the fund held in trust for the niece, and it was error to award to the charity designated one sixteenth of the residuary estate.</p>