Raleigh's Estate

Citations

• 206 Pa. 451
• 55 A. 1119
• 1903 Pa. LEXIS 740

Syllabus

<p>Wills — Vested and contingent estates — Construction.</p> <p>Where persons who are to take under a will must be living at a certain time, the gift is contingent because until the time arrives the persons who will answer to the description cannot bo ascertained.</p> <p>Testator who was largely in debt directed by his will as follows : “I do hereby direct that after my business is closed up and all my debts paid, there shall be paid to my wife by my executors an annuity of $2,400, for and during all the term of her natural life ; the balance of the income of my estate, from whatever source, to be equally divided between my six children, share and share alike, until the death of my wife. In ease of the death of one or more of my children, without any lawful heirs, their portion shall be equally divided among the others. If any lawful heir or heirs, they to receive said amount annually, the same as their parents would have had if living .... It is my will and I do hereby direct that upon the death of my wife, my executors shall divide my entire estate into as many equal portions as I shall have children living, or that should be represented by lawful heirs, and make a plain and clear statement of the division, describing the properties and numbei'ing each lot or share, and have them of as near equal value as possible, then make the distribution as follows, viz. : Give the youngest child her choice of shares, and so on with those living according to age, and following with the lawful heirs of any deceased child or children, if any such there be, my executors to representtheir interest and to choose for them.” Held, that the children took contingent interests.</p> <p>Will — Power to sell — Conversion—Purpose.</p> <p>Where a testator authorizes his executors to sell real estate for the payment of debts, any proceeds of such sale remaining after payment of debts is to be treated as real estate, and distributed as such.</p> <p>Will — Devise—Heirs— Wido w of son.</p> <p>A