Roberts v. Moorhead

Citations

• 264 Pa. 299
• 107 A. 701
• 1919 Pa. LEXIS 641

Syllabus

<p>Wills — Construction—Devise to children and their survivors.</p> <p>By a provision in a will referring to a trust fund, “I further direct that after the death of my sons and daughters the same ¡shall become vested in their respective children or their legal representatives in such manner and in such proportions as my said sons and daughters shall respectively by their last wills and testaments direct and appoint; and in default of such will and appointments, shall descend and vest agreeably to the laws regulating intestate estates. And in case any of my children shall die without lawful issue living at his or her death, then the share or shares of such deceased child or children shall be paid over to the survivor or survivors of them, share and share alike,” the testator intended that in case any of his children should die without leaving issue at the time of his or her death, the share of such child should be paid to the survivor or survivors of them immediately upon the death of each son and daughter as it occurred, and the words “after the death of my sons and daughters” cannot be taken to mean after the death of all of them.</p>