James's Estate

Citations

• 245 Pa. 118
• 91 A. 511
• 1914 Pa. LEXIS 843

Syllabus

<p>Wills — -Trusts—Buie against perpetuities — Construction — intention.</p> <p>1. Where the language of a will leaves a doubt whether the rule against perpetuities has been transgressed, the doubt may well be resolved in favor of the vesting of the remainders within the required time, especially when, upon a careful examination of the whole will such may reasonably be inferred to have been the intention of the testator.</p> <p>2. A testatrix, having two daughters and three granddaughters, children of a deceased child, devised her residuary estate “in trust ......during all the period of my grandchildren’s lives and the life of the. survivor of them” the .net income to be paid “to all my grandchildren in e4ual parts,” should any grandchild die leaving issue, such issue to take the parent’s share. “After the death of the last survivor of my grandchildren......for......my great-grandchildren until each arrives at the age of twenty-one years .......” By codicil testatrix directed that the net income be divided into five equal parts, and that one-fifth be paid to each of her two daughters for life, and the remaining three-fifths to the three daughters of her deceased daughter C., and to the survivors and survivor of them for life, and declared: “Desiring to do equal justice to all my children has induced me to make this alteration in my will.” Subsequently, testatrix by codicil, directed her trustee to páy one-fifth of the income to each of her daughters, naming them, and one-fifth to each of her granddaughters, naming them, “and the survivor of them during all of their and her natural life, then to my great-grandchildren as provided in the foregoing will.” “On the death of either of my aforesaid daughters or granddaughters without leaving issue, her or their share to be equally divided among the survivors, should either of the aforesaid daughters or granddaughters leave issue, such issue to take the parent’s share, share and share alike.” By a final codicil, testatrix