Fahnestock's Estate

Citations

• 147 Pa. 327
• 23 A. 573
• 1892 Pa. LEXIS 842

Syllabus

<p>Wills — Construction of — Gift to classes.</p> <p>Testatrix divided her residuary estate into sixteen parts; three parts were given to one class numbering three legatees; eight parts to a class of six, four to another class and one to a class composed of one person. The gift to two of the classes was to those who might be living at the death of the testatrix, and the issue per stirpes of any deceased child. All of the legatees were nephews and nieces. By a subsequent clause in her will testatrix directed that in ease of the death of any of the legatees the share of the deceased should go to all her “ nephews and nieces then living and the issue of any of them deceased.” Two of the legatees died without issue in the lifetime of the testatrix. Held, that their shares should be divided among all the surviving nephews and nieces.</p>