Shearer v. Miller

Citations

• 185 Pa. 149
• 39 A. 846
• 1898 Pa. LEXIS 683

Syllabus

<p>Wills — Vested estate — Alternative executory limitation.</p> <p>Testator by Ms will gave certain railroad stock to W., “ provided the said W. at the time of my decease should yet be in his minority then said stocks so to him bequeathed shall bo transferred unto M. in trust for said legatee until of age.” He also devised a tract of land to W. directing as follows: “All of which he shall have in possession on the first day of April ensuing the decease of my son J.....(reserving to the latter the rents, issues and profits during life).... Provided however should said devisee die without issue or descendants of such, then and in such case said real estate and railroad stocks hereinbefore unto him bequeathed shall fall back and vest to my estate and then to be distributed as hereinafter directed. . . . And I further order and direct, should the real estate hereinbefore devised fall back and be vested to my estate by virtue of this my will, that he the said executor then shall as soon as conveniently can be done after the decease of my son J. sell and dispose of the same. . . . And as touching the rest and residue of my estate that may be or remain at the time of the decease of my said son J. or at any time thereafter I hereby order and direct to be paid unto the present creditors of my said son J. respectively in proportion to their respective remainders of claims .... and the same with any others bequeathed or devised estate that may fall back and revert to my estate by virtue of this my will.” W. survived J. Held, (1) thatW. took a fee in the real estate, with an alternative executory limitation, in case of his death before J., to his children, grandchildren, etc., if there be any surviving J., or if not, to the testator’s executor for the purposes specified in the will; (2) that WVs surviving J. rendered impossible the contingency upon which the executory limitation was to take effect, and his interest then became an indefeasible one in fee simple.</p>