Gibbons v. Connor

Citations

• 220 Pa. 395
• 69 A. 820
• 1908 Pa. LEXIS 791

Syllabus

<p>Wills — Trusts and trustees — Gift of income — Husbands and wives of deceased children — Codicil.</p> <p>The testator devised the residue of his estate to his executors in trust to pay the income to his wife for life and at her death in trust to pay the income to his five children, share and share alike, and to the issue of any deceased child. He added this provision, “provided, however, that upon the decease of either of my said children, without leaving lawful issue and leaving a husband or wife surviving, then my said trustees shall pay one-half of such deceased child’s share of the rents, issues and profits of my said residuary estate unto the surviving husband or wife for and during all the term of his or her natural life. And the remaining one-half part of such deceased child’s share shall go to and be divided equally among my said remaining children and the issue of my deceased child or children in manner aforesaid.” There was no devise of the corpus of the estate. The gift of income to the husbands and wives of deceased children was revoked by a codicil in these words: “ This clause I desire to revoke and the whole share shall go to and be divided between my surviving children share and share alike, and in no way whatever shall the husband or wife of any of my deceased children receive any portion of my estate.” Held, that the trust created by the will should be upheld as long as any of the testator’s children survived, to give effect to his intention that the husband or wife of a deceased child should be excluded from any participation in his estate.</p>