Linton's Estate

Citations

• 198 Pa. 438
• 48 A. 298
• 1901 Pa. LEXIS 814

Syllabus

<p>Decedents’ estates—Escheat—Intestacy—Trusts and trustees—Act of April 17, 1869, P. L. 71.'</p> <p>Real estate was conveyed to a trustee to collect the rents and pay them to S. during her life, and after her death to hold in trust to the use of her appointees by will, and in default of appointment by her, in trust to the use of such persons as would have taken her estate under the intestate laws if she had survived her husbatld. S. died leaving k will by which, after reciting the deed-of trust and her power of appointment, she directed that the trustee should hold the property in trust during the life of her husband, to pay him the rents, or to permit him to occupy the same. “And from and immediately after the decease of my said husband upon trust to hold the said messuages .... to and for the only proper use and behoof of such person or persons and for such estate or estates to whom and as the same would have gone under the intestate laws of Pennsylvania, had I survived my said husband, and then died intestate.” After the death of the husband it appeared that S. was without known heirs.. At the audit of the trustee’s account, the rents collected since the death of the husband were claimed by his heirs and by the escheator. Held (1) that the will of S. divested the whole estate' by providing for a remainder in fee after her husband’s life estate; (2) that as there was no one to take under the will, and as trust estates escheat under the act of April 17, 1869, the' trustee held for the commonwealth, and as a dry trust it would .be executed.</p> <p>McCollum, C. J. añd Brown, J., dissent.</p>