Paxson's Estate

Citations

• 241 Pa. 452
• 88 A. 673
• 1913 Pa. LEXIS 805

Syllabus

<p>Wills — Construction—Legacies—Vested and contingent gifts— Intention.</p> <p>Where a testator bequeathed two-thirds of his residuary estate to three grandchildren named “on their arrival respectively at the age of twenty-one years and in case of the death of either of my said grandchildren before his or her arrival at the age of twenty-one years without leaving issue him or her surviving, then his or her share so dying shall go to and be divided between the survivor or survivors,” and further directed that until their majority, one-half of the income should be paid to their mother for their education and support; and in a codicil testator ratified his will and recited that he had given two-thirds of the estate to his grandchildren, and directed his executors to hold the grandchildren’s shares in trust until their arrival respectively at the age of twenty-five, and to pay over one-half of the income of each share to their mother for their education and support, and to accumulate the other half of the income, and to pay over the accumulations with the principal to such grandchildren upon their respectively arriving at the age of twenty-five, the language employed clearly indicates an intention that the grandchildren should take vested, not contingent interests. It follows that a grandchild who had reached the prescribed age was entitled to one-third of the accumulations, and to interest on invested accumulations.</p>