Klapp's Estate

Citations

• 203 Pa. 198
• 52 A. 1135
• 1902 Pa. LEXIS 684

Syllabus

<p>Will — Remainder—“ Die unmarried</p> <p>• Testator after having provided that certain of his real estate should be held for ten years and also having provided for the disposition of the rents and the title, if either of his children should die within that period, further directed as follows: “But if both of my children be deceased before the ten years have expired, then the rents shall be equally divided between the four children of my son, and the children of my daughter, if she was married and had any, that is to sajq that the said four children above named, shall receive one half of .the rents and the children of my daughter, the other half. If my daughter died unmarried, then the said children of my son shall be entitled to the rents. If both of my children are deceased at the expiration of the said period of ten years, then I give, devise and bequeath the undivided half part of the premises to my four children, above named, and the other undivided moiety to the children of my daughter if she was married and left any, but if she died unmarried then I give and devise the said premises to the four children of my son, above mentioned.” The daughter died married, but without having had children, leaving her husband to survive her. Held, that the son and his four children took the entire estate.</p>