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· 4/2/1894

Man's Estate

Citations

  • 160 Pa. 609
  • 28 A. 939
  • 1894 Pa. LEXIS 853

Syllabus

<p>Wills — Vested and contingent estates.</p> <p>Testator by his will gave certain property in trust to pay the net income “into the hands of Louisa S. Anson, and from and after her death the principal to be divided among such children of the said Louisa who shall be living at a period not exceeding nine months after my decease, and in default of such children, remainder to my heirs.” Held, that the children of the life tenant who were living at the death of the testator took a vested interest in the estate.</p> <p>Upon the whole of the will, it is apparent that the interest of the children was simply postponed to let in their mother’s. .Even without the nine months’ clause, such of her children as survived testator would have, thereupon taken vested interests in remainder. That clause, which was evidently intended to embrace any posthumous child who might be born, extended the time for ascertainment of the class. By Mr. Chief Justice Sterrett.</p>

Judges: Fell, Green, McCollum, Mitchell, Stebbett, Sterrett

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