Kenyon v. Davis

Citations

• 219 Pa. 585
• 69 A. 62
• 1908 Pa. LEXIS 627

Syllabus

<p>Will — Partition—Parties—Contingent interest — Sheriff’s sale.</p> <p>Where a testator gives a share oí his estate to a trustee to pay over the income, and at the trustee’s discretion a portion oí the principal to testator’s son during life, and upon his death to pay over the principal to the son’s children, or in default of such children, to testator’s other children, the trustee of such share is the proper party in partition proceedings, and it is not necessary to Join the son as party in such proceedings, or to appoint a trustee for the son’s unborn children to act as a party.</p> <p>A contingent interest in real estate may be sold at sheriff’s sale.</p>