Landwehr's Estate

Citations

• 147 Pa. 121
• 23 A. 348
• 1892 Pa. LEXIS 794

Syllabus

<p>Will — Gift to children as a class — After-born children.</p> <p>Property was given by a will to the testator’s executors, with directions to sell the same and pay one fourth the net proceeds thereof to the children of testator’s son. At the testator’s death, the son had seven children; two others were born afterward and before distribution: Held that the gift being immediate to the children as a class, only those in existence at the testator’s death could participate. As a discretionary power of sale, vested in the trustees, was to be exercised in a reasonable time, the ordinary delay in actual distribution would not operate to let in after-born children.</p>