Irvine's Estate

Citations

• 31 Pa. Super. 614

Syllabus

<p>Will — Legacies—Vested and contingent interest.</p> <p>Testator directed as follows: “I give, bequeath and devise all of the residue of my estate, real and personal, not herein otherwise devised or bequeathed specifically, unto my said grandchildren, including those now living and those which may be bom hereafter, if any, unto my sons from their present wives, the personal or such of the real estate as may be converted into personal, to be paid to each as he or she respectively becomes twenty-one years of age, reserving sufficient invested in the lands or under the control of my executors to provide for the payments of any other grandchildren that may subsequently be born, and the realty which passes by this residuary devise to come fully into the possession of the said residuary devises when the youngest shall reach the age of twenty-one years.” Held, (1) that the legacies to the grandchildren vested on the death of the testator, and opened on the birth of each succeeding grandchild to admit those later born; and (2) that the legacies were not divested by the death of any of the grandchildren before they reached the ages of twenty-one years.</p>