McCauley's Estate

Citations

• 257 Pa. 377
• 101 A. 827
• 1917 Pa. LEXIS 747

Syllabus

<p>Wills — Tested and contingent remainders — Construction—Intention.</p> <p>1. Where a legacy is made payable at a future time, certain to arrive, and not subject to condition precedent, it is vested, where there is a person in esse at the time of the testator’s death capable of taking when the time of payment arrives, although his interest be liable.to be defeated altogether by his own death.</p> <p>2. When a bequest is to a class, the vesting is not postponed because of an uncertainty as to who, if any, may be the constituents of the class at the time fixed for the enjoyment of it. If there is a present right to a future possession, though that right may be defeated by some future event, contingent or Certain, there is nevertheless a vested estate.</p> <p>3. Testator bequeathed a life interest in his estate to his widow and directed that upon her death the entire balance should be converted into money and divided into three equal parts. He bequeathed one of such third parts to “my sister......if living or her children, if she be then deceased, in equal parts or shares, and to the issue of such of them as may then be deceased, such issue taking, however, such part or share as his, her, or their parent or parents would have taken if living.” The sister died during the lifetime of the widow, leaving two children, one of whom predeceased the life tenant. Upon the life tenant’s death, the administrator of such deceased child claimed her share of the estate, alleging that such child took a vested interest under the testator’s will. The Orphans’ Court decided that such child’s right to take was contingent upon her surviving the life tenant, and that having predeceased the life tenant, she took nothing under the will. Held, that such child took a vested interest, and the decree was reversed.</p>