Harned's Estate

Citations

• 54 Pa. Super. 47
• 1913 Pa. Super. LEXIS 10

Syllabus

<p>Wills — Trusts and trustees — Income—Estate-pur autre me — Survivor-ship.</p> <p>Testatrix left her residuary estate in trust to a trustee to pay one-third of the income thereof to her daughter Mary Jane during all the term of her natural life, one-third to her daughter Merian during all the term of the natural life of Mary Jane, and the remaining one-third to her daughter Annie, during all the term of the natural life of Mary Jane. After the death of Mary Jane she gave the residuary estate to the issue of Mary Jane, should she leave any surviving, and unto her daughters Merian and Annie, their heirs, executors and administrators for ever in equal shares. She further directed that if Mary Jane left no issue surviving, that the share which such issue would have taken should pass to and become vested in her daughters Merian and Annie in equal parts, but should either Merian, or Annie, be deceased at the time of the death of Mary Jane “then the survivor of them the said Merian and Annie, their heirs and executors, shall succeed to and be invested with the entire property.” She further directed that in default of surviving issue of Mary Jane, and in the event of her daughters Merian and Annie both dying intestate and without children them surviving previous to the death of Mary Jane, then on the death of Mary Jane all the residuary estate was to go to testatrix’s heirs as though she had died intestate. After testatrix’s death Annie died intestate and without issue her surviving. Subsequently Merian died ■without issue her surviving, but leaving a will. Held, (1) that the estates in Annie and Merian were vested estates pur autre vie; (2) that there was a survivorship between Annie and Merian; (3) that the share of income paid to Merian in her lifetime was payable after her death to her executor during the life of Mary Jane; (4) that the share of income payable to Annie during her lifetime passed to Mierian, and was payable after the latter’s death to her executor duri