Loucks's Estate

Citations

• 203 Pa. 278
• 52 A. 191
• 1902 Pa. LEXIS 708

Syllabus

<p>Wills — Condition subsequent — Contingent remainder — Life estate.</p> <p>Testator by his will devised a life estate in a house to his widow charged with an easement of occupation of two rooms by his invalid daughter S. By a codicil he further devised, after his widow’s life estate, a remainder to his son A., and his daughter E. for their joint lives, and to the survivor for life, on condition that they “ keep my invalid daughter S. with them as long as she lives.” After the death of the survivor of the remainder-men, the codicil created a remainder to his children, and in default of children to the testator’s heirs according to the intestate laws.- S. died during the widow’s lifetime. After the widow’s death, A. and El filed a petition in the orphans’ court for the sale of the house, alleging that the property was unproductive and burdensome. Held, (1) That the remainder in A. and E. vested at once on the death of the testator; (2) that the care of the invalid daughter was a condition subsequent; (3) that the fact that the performance of the condition became impossible by the death of S. during the widow’s life, did not divest the estate of the remainder-men ; (4) that the codicil created a contingent remainder in the children of the survivor; (5) that A. and E. had a standing to petition for a sale of (the property; (6) that a sale was proper and authorized by the act of April 18, 1863.</p>