Gunning's Estate

Citations

• 234 Pa. 144

Syllabus

<p>Wills — Constructions—Contingent remainders — Failure of particular estate — Acceleration of remainder.</p> <p>1. A contingent remainder can only exist where it has a particular estate to support it. With the destruction of the particular estate the contingent remainder necessarily falls.</p> <p>2. Testatrix, after directing the sale of her real estate, gave certain legacies from the proceeds and then provided: “The income of the balance to be given to K. M., provided he is not living with the woman he married in 1899 — one J. W., should she die, or he is divorced from her — that is finally divorced — he is to be given absolutely one half of the principal, and the interest of the other half as long as he lives. If he marries again he can by will leave all to his second wife and children. If he dies unmarried a second time without children the one half — or all his share — is to be equally divided between the children of W. G., C. G. and J. B. In no case is the present wife of K. M. to benefit by anything I leave him either in personal or real estate.” At the time of testatrix’s death K. M. was living with his wife, the J. W. referred to in the will. Held,, that the gifts to the children of W. G., C. G. and J. B., were contingent remainders and that when the gift to K. M. failed because the condition upon which it was to vest was not fulfilled at the time the will became effective, the contingent remainders were not accelerated but fell with the failure of the particular estate supporting them.</p> <p>3. If a gift over is limited to take effect on a particular event and the very opposite or alternative of that event actually happens, the subsequent gift fails altogether, though the prior gift be out of the way.</p> <p>4. A contingent remainder following a particular estate given on a condition which has failed; is not accelerated by the failure of the particular estate to vest, on account of the nonperformance of the condition.</p>