Hoff's Estate

Citations

• 147 Pa. 636
• 23 A. 890
• 1892 Pa. LEXIS 900

Syllabus

<p>Indefinite failure of issue — Buie of Biahelberger v. Barnite.</p> <p>A testator provided: “And in -case either of my daughters shall die without issue, either before or after the decease of my wife, then the amount of their share or shares in the residue of the estate shall revert back to the remainder of my children, share and share alike; my said sons .... and my daughter .... are to hold in trust the share or shares that such of my daughters as may be without issue before or after the death of my wife may be entitled to, and invest their legacies in bonds, and pay to them the interest thereon semiannually; ”</p> <p>Held, on the authority of Eichelberger v. Barnitz, 9 Watts, 447, and the line of cases following that decision, that the words “ shall die without issue ” must be construed to mean an indefinite failure of issue, and hence that the legatee took an absolute estate in fee.</p>