Penrose's Estate

Citations

• 257 Pa. 231
• 101 A. 319
• 1917 Pa. LEXIS 713

Syllabus

<p>Wills — Devises—Buie against perpetuities.</p> <p>A testator bequeathed real and personal property in trust for the benefit of a son for his life and upon his death “unto the lawful issue of my said son......, share and share alike, to be paid to them respectively upon their arriving at the age of twenty-one years, the same to be put out at interest......and the interest accruing therefrom to be applied to their maintenance and education respectively until their arrival at the age of twenty-one years, and in case either of said issue should die before arriving at the age of twenty-one years without issue, I give and bequeath the share of the one or ones so dying unto the survivor or survivors thereof, and if all the lawful issue' of my son should die without issue, before arriving at the age of twenty-one years” then over to a charitable use. Held, that the gift over to the charitable use violated the rule against perpetuities and was void.</p>