Fetrow's Estate

Citations

• 67 Pa. Super. 192
• 1917 Pa. Super. LEXIS 370

Syllabus

<p>Will — Devise—Charge on land — Vested and contingent estates.</p> <p>A gift of land by will to a son for life, and after his death to his children in equal shares “with this provision that they shall pay to the other devisees named in this my last will one-third of the valuation of said tract of land” charges the land with one-third of the valuation thereof payable at the death of the son, the valuation is to be ascertained as of the death of the son.</p> <p>In such a case the devise vested in the son’s children, and the legacies charged on the land vested in persons described as “devisees” in the testator’s will.</p> <p>Where there is a devise of a life estate followed by a remainder to the children of the life tenant, the estate vests at once upon the birth of each child, subject to open and let in after-born children and this without regard to the question of whether or not a child survives the life tenant.</p> <p>If a devise of land upon which a legacy is charged, becomes vested either in possession or in interest immediately upon the death of the testator, and by the terms of the will is given subject to the payment of the legacy, the legacy must be considered likewise vested; and if the legatee should die before it becomes payable it will pass to his or her representatives,</p>