Shallcross's Estate

Citations

• 200 Pa. 122
• 49 A. 936
• 1901 Pa. LEXIS 446

Syllabus

<p>Will— Vested interest—Survivor.</p> <p>Where a testator gives property to a trustee in trust for the minor children of a son, naming them, “ until they respectively arrive at lawful age, or the survivor of them, or the heirs of such survivor, share and share alike,” and by codicil postpones the bequest until they attain the age of twenfy-five years, and all of the minor children named in the will survive the testator, their respective estates vest in them and they are entitled to receive their shares when they reach their majority, the postponement to twenty-five years being void, as contrary to the rule against perpetuities and accumulations.</p> <p>The rule is well settled in Pennsylvania that the period of survivorship is to be taken as the death of the testator, unless a contrary intent is apparent.</p>