George Johnston's Estate

Citations

• 185 Pa. 179
• 39 A. 879
• 1898 Pa. LEXIS 690

Syllabus

<p>Wills — Perpetuities—Vested and contingent estates.</p> <p>The rule against perpetuities is directed against future contingent interests only, and has no reference whatever to vested estates.</p> <p>An interest is not obnoxious to the rule against perpetuities, if it begin within a life in being and twenty-one years thereafter, though it may extend beyond. The remoteness against which the rule is directed is remoteness in the commencement, or first taking effect of limitations, and not in the cesser or determination of them. An estate that is to ariso within the prescribed period may be so limited as to be determined on the happening of any event, however remote.</p> <p>Where a part of testator’s general scheme is that the estate shall be kept entire for any unlawful period, no part of the provisions can be sustained, but the estate to which the void provisions relate will vest immediately in the heir.</p> <p>Testator devised his real estate to his executors in trust for the period of seventy-five years, giving to the executors active power in the management of the estate, and directing them to pay all charges against the land, and all legacies out of the rents and profits. After all the charges and legacies were paid out of the rents he directed his children to select a trustee, and directed that such trustee should collect the rents and profits of the land, and after paying for repairs and taxes should distribute the balance to his children and their legal descendants until the expiration of the seventy-five years. At the expiration of seventy-five years, the trustee was authorized to sell the land, and the proceeds were to be distributed “ to and among all my children share and share alike that may be then living, and the legal descendants of any of my said children that may be then dead. The legal descendants of such deceased child or children to take, however, only such share and portion of the said proceeds as their deceased parent would have taken if then