Sharpless's Estate

Citations

• 214 Pa. 335
• 63 A. 884
• 1906 Pa. LEXIS 658

Syllabus

<p>Wills — Gift to class or individuals — Intestacy.</p> <p>Testator gave life estates in his residuary estate to his wife and sister. He further directed as follows: “After the decease of both my said wife and sister, I direct my estate to be divided into two equal shares, one of the said shares I give to my uncle [naming him], and my aunt [naming her], absolutely. Should neither of them survive me, I then give said share to my cousins [naming two cousins on the maternal side], and the children of my deceased .cousin [naming another cousin on the maternal side], to be divided per stirpes. The other equal part of my estate after the death of my wife and sister, I give to be equally divided between my first cousins on my father’s side per capita.” The uncle and aunt mentioned were on the maternal side. The uncle and aunt, and one of the cousins named, died in testator’s lifetime. Held, that the cousins on the maternal side took individually, and not as a class, and that there was an intestacy as to the share of the cousin on the maternal side who died in the lifetime of the testator.</p>