Freeman's Estate

Citations

• 35 Pa. Super. 185

Syllabus

<p>Wills — Vested and contingent estates — Remainder—Power of appointment.</p> <p>A remainder should always be considered vested rather than contingent if the words of the will creating it are capable of such construction. The interest vests immediately, and the enjoyment only is postponed.</p> <p>In the absence of an expressed contrary intention, a legacy received in default of appointment, vests in the legatee on the death of the testator, subject to be divested by the exercise of the power of appointment. This is so because the power of appointment does not create an estate, nor hold it in abeyance. Its effect is to divest an estate which, but for the exercise of the power, would remain in the devisee or legatee.</p> <p>The general rule that a gift of personal property for life will vest in the legatee an absolute interest in the subject of the bequest, is not a rule of law, but one of construction to aid in ascertaining the intention of the testator. Where a different intention is apparent, the rule does not apply; and where the gift for life blends real and personal estate, the presumption is that the testator intended to give a life estate only in the personalty.</p> <p>Testator gave his estate to a trustee, the income therefrom to be paid to his four sons and two daughters,, in equal shares for life, with the further direction, “from and after the death of either of my sons or .daughters and until the death of all of them, to pay the income which he or she would, if living, have received to such person or persons of kin to such son or daughter as he or she may by will have appointed . and in default of such appointment to the child or children of such son or daughter that may then be living, or the issue of any child or children of such son or daughter that may then be dead, leaving issue, in equal shares equally, as however that such issue shall take per stirpes only a parent’s share, and if there be no children or issue of such son or daughters then such pe