Gormley's Estate

Citations

• 154 Pa. 378
• 25 A. 814
• 1893 Pa. LEXIS 898

Syllabus

<p>Will — Issue—Vested and contingent estates.</p> <p>Testator after bequeathing a legacy to his granddaughter, directed “ that if my said granddaughter should die, either before or after my death, and leave no child or children or the descendant of any of her children to survive her, then this legacy and devise to her is to revert to my three children aforesaid.” The granddaughter died subsequent to the testator, unmarried and without issue. Held, that the testator contemplated a definite failure of issue, and that distribution should be made not to the granddaughter’s administrator, but to testator’s children.</p> <p>Testator, after absolute devises and bequests to his two daughters, directed as follows: “ The property heretofore given to my said daughters, both real and personal, I will and direct shall be for their sole and separate use free from any and all control of their respective husbands, and if either or both of my said daughters should die before her respective husband, I hereby will and direct that the properly herein given to her shall at once descend to and be vested in the children of the daughter or daughters so dying, and that the husband or husbands of the daughter or daughters so dying shall have no interest or curtesy in the property left to his wife.” One of the daughters died prior to her husband. Held, that the limitation over took effect at her death, and her contingent bequest vested in her children.</p> <p>Life estate — Security by life tenant — Effect of decree of court.</p> <p>In the above case testator empowered his daughters with the consent of their husbands to sell any part of the real estate devised to them, and to invest the proceeds of the sale subject to the trusts of the will without liability on the part of the purchaser to see to the application of the purchase money. Held, that the testator virtually made his daughters trustees of his estate, and that distribution should be made to them subject to the trusts contained in the