McKeown's Estate

Citations

• 259 Pa. 216
• 102 A. 878
• 1917 Pa. LEXIS 543

Syllabus

<p>Wills — Construction—Rule against perpetuities — Accumulations —Act of April 18, 1858, P. L. 508 — Intention.</p> <p>Testatrix devised three-fourths of her residuary estate in trust, directing that the income be given to her three sons for life, and providing that upon the death of any of such sons the one-third part ther'etofore paid tó such deceased son should be equally divided among his children and that the principal of such third should be divided among such children upon their arriving at the age'of twenty-five years. The will then provided, “upon-any of my sons dying without children or the issue thereof living, then I direct my said trustee to pay such interest as they would have received hereunder,' to the children of my other sons per capita, upon their arriving at the age of twenty-five years.” The eldest son of the testatrix died after the testatrix without issue, and a daughter of the testatrix claimed that the gift over to the children of surviving sons of the testatrix was void as an accumulation and was violative of the rule against perpetuities. Held, (1) the testatrix intended that the one-third of the trust estate, the income of which was paid to the deceased son of the testatrix during his life, should on the death of such son vest in the children of her surviving sons as a class immediately upon the death of such deceased son, and (2) that the will did not violate the rule against perpetuities or the statute against accumulations.</p>