Mifflin's Estate

Citations

• 232 Pa. 25
• 81 A. 129
• 1911 Pa. LEXIS 671

Syllabus

<p>Wills — Construction—Children—Grandchildren—Trusts.</p> <p>1. Testatrix provided that her property should be held in trust for her seven children so that each should receive “an equal seventh part” of the income, without liability for debts, during his or her life; that upon the decease of any of her children leaving children or issue they were to take the proportionate share of the parent “in fee simple;” that upon the decease of any of her children without leaving children or issue, the income of a child so dying was to be divided equally among the surviving children of the testatrix, the issue of any of her seven children who might then be dead to take between them the part which their parent would have taken if living, adding, “such accruing shares to be regarded in all respects as parts of their original shares, both as to the enjoyment and transmissions thereof.” Held, that the clause last quoted referred to the shares originally taken by the children, and not the shares coming to grandchildren through the death of childless uncles and aunts.</p> <p>2. Such a construction is not defeated by a provision that each of the said children should have the power to limit and appoint by will the income coming to him or her so that it would be enjoyed for life by a surviving widow or husband; and that if any of said children should leave issue, such child might limit and appoint how his or her “child, children or issue,” should take “whether in fee simple or for any other estate upon trusts or otherwise.”</p> <p>3. Words employed by the testatrix in such case in providing for the disposition of her property after the death of any of her children without leaving any child him or her surviving, viz.: “to receive and pay over the rents and income of such share or shares” to beneficiaries indicated, in the absence .of a limitation over, or any express or implied restriction upon the payment of the corpus, carry with them the right to the principal absolutely.</p> <p>4. W