Ferguson's Estate

Citations

• 31 Pa. Super. 422
• 1906 Pa. Super. LEXIS 231

Syllabus

<p>Wills — Legacies—Vested and 'contingent interests — Devise—Trusts and trustees.</p> <p>The general rule is that a legacy will be held to be vested or contingent as the time shall be annexed to the gift, or only to the payment of it.</p> <p>It is a rule of construction applicable to contingent executory bequests that the interests of primary and secondary legatees vest in a certain way at the same time. If, therefore, the substituted legatee die before the occurrence of the event which entitles him to receive the legacy, it becomes payable to his legal representative on the happening of the specified event.</p> <p>Testator devised land to his son to be held in trust by his executors until the son arrived at the age of twenty-one years. In case of the death of the son before he arrived at the age of twenty-one years he empowered his executors to sell the lan'd and distribute the proceeds in proportions named among several designated persons, amongst others a brother. The son died before reaching the age of twenty-one years. The brother died before the son. Held, that the interest of the brother vested, and that upon the death of the son the share bequeathed to the brother should go to the latter’s representatives. '</p>