Rosengarten v. Ashton

Citations

• 228 Pa. 389
• 77 A. 562
• 1910 Pa. LEXIS 493

Syllabus

<p>Wills — Construction—Vested and contingent estates — Grandchildren.</p> <p>1. Where a testator creates a trust for the benefit of his children for life, and directs his trustees, upon the death of the last child “to pay over and distribute,” the estate to all his grandchildren and the issue of such as may be dead “such issue to take the share the parent would have taken if living ” at the time of distribution, the interest of a grandchild who dies before the time for distribution, is contingent and not vested. .</p> <p>2. Where a direction in a will to pay or divide constitutes the bequest, the vesting of the interest itself is postponed, and not merely the possession or enjoyment of it. .</p>