Pugh v. Frierson

Citations

• 221 F. 513
• 137 C.C.A. 223
• 1915 U.S. App. LEXIS 1352

Syllabus

<p>1, Wtlls 0=524—Gin-s to Class—Timm ot>‘ Ascertainment of Class—Class Doctrine.</p> <p>Under a will giving property to certain persons for life, and at their death to be divided among their children then living or the issue of any which might have died, and another will giving property to the same persons for life, and at their death to go to their female children, the children of any deceased child to be entitled to the same share their mother would have been entitled to if alive, since the time fixed for distribution among the remaindermen was dependent upon a futuro event, and the remainder-men were subject to fluctuation in numbers by births and deaths, the remaindermen surviving at the death of the life tenant were, under the “class doctrine” prevailing in Tennessee, entitled to the property, and the estate vested in the described class as a class, and not individually in the persons composing the class, and survived to and vested in the persons constituting the class at the period when the distribution was to be made.</p> <p>[Ed. Note.—For other cases, see Wills, Cent. Dig. §§ 1116-1127; Dee. Dig. 0=524.]</p> <p>2, Wills 0=524—Gifts to Class—Deceased Members of Class—Representation.</p> <p>Under the “class doctrine” prevailing in Tennessee, a class of remainder-men described in a will will include the issue of members dying before the time for distribution, whenever such inclusion appears to have been fairly within the testator’s intent.</p> <p>I Ed. Note.—BTor other cases, see Wills, Cent. Dig. §§ 1116-1127; Dec. Dig. 0=524.]</p> <p>3, Courts 0=367—United States Courts—Authority—Decisions of State Court’s—Rules of Property.</p> <p>The uniform rule of construction in Tennessee, that a remainder devised to a class vests in the remaindermen surviving at the time for distribution, where such time is dependent upon a future event and the remaindermen are subject to fluctuation in numbers by births and deaths, will be followed by the United States courts; it havi