In re Estate of Rudy

Citations

• 185 Pa. 359
• 39 A. 968
• 1898 Pa. LEXIS 723

Syllabus

<p>Will — Remainder—Vented and contingent estates.</p> <p>Where persons must be living at a certain time in order to take an estute, the gift is contingent, because, until the time arrives, the persons who would answer that description cannot be ascertained.</p> <p>If, by the phrase “if they be living,” a qualification is annexed to the person, without fulfilling which he will be ineligible to take, the gift is uncertain until the condition is met, and is necessarily contingent npon the fact of his living. If, however, it is used to mark the time at which the estate shall vest in possession, so that the children are to take an estate descendible to their issue, which is to be enjoyed by the children at the death of the life tenant, or by the heirs of their body if they shall be dead, it carries a vested interest.</p> <p>Where, real estate is directed to be converted in order to subserve a purpose it will be treated as personalty for that purpose, but will remain unchanged as to all beyond what that purpose requires.</p> <p>Testator gave to his wife the income o£ his residuary estate for life, and authorized and empowered his executors to sell the residuary realty at her death, and to divide the proceeds of the sale equally between his two children, S. and G., “if they bo living, or the issue of such of them as may then be deceased.” G. died in testator’s lifetime, intestate, and without issue. S. died before the widow, leaving two sons, one of whom died prior to the death of the widow. After the death of the widow, S.’s husband filed a petition for sale of the real estate and division of the proceeds. Held, (1) that the fee centered in the survivor of S.’s sons as the one owner, and the direction to divide fell because it was impossible to sever what is indivisible} (2) that S.’s husband as tenant for life in one fourth of the realty had not such interest as would entitle him to a sale.</p>