Massey's Estate

Citations

• 235 Pa. 289
• 83 A. 1087
• 1912 Pa. LEXIS 540

Syllabus

<p>Wills — Construction—Vested and contingent remainders.</p> <p>After a gift of the entire income of his estate to his wife for life testator gave one-third of the residue of his estate to his son absolutely, and the remaining two-thirds to his executors in trust to pay the net income thereof equally to his two daughters M. and H., for their respective lives, and from and after their respective deaths to assign their respective shares of the residuary estate to and among their respective child or children, or their issue, for such share interest or estate, as the respective daughters might appoint by will, and in default of such appointment to assign the shares of said daughters to their respective child or children equally. “But if my said daughters shall die without leaving any child or children living at the time of their respective decease, or, if leaving such then living, all should die during minority without leaving issue to survive them, then the share of such so respectively dying shall accrue to and belong to my other children mentioned in this my will and to the issue of any of them being then deceased, such issue to take equally the share their parent would have taken if living, the share coming to any daughter to be held by my executors upon the trusts above mentioned.” Testator’s widow died, and thereafter the son died without issue, but leaving a widow. By his will he bequeathed all of his property to his sister H. The widow elected to take against his will. Subsequently testator’s daughter M. died intestate, unmarried and without issue. Held, (1) that the testator’s son’s estate had a vested interest in one-half of the trust estate held for M. for life; (2) that one-half of this one-half should be awarded to the son’s widow, and the other one-half thereof to H. under the son’s will.</p>