Shields v. Aitken

Citations

• 236 Pa. 6
• 84 A. 662
• 1912 Pa. LEXIS 700

Syllabus

<p>Wills — Construction — Life estate — Children — Estate in remainder — Partition — After-born children.</p> <p>1. Where a testatrix gives to her son and to her daughter all her estate “for and during their natural lives in equal parts, share and share alike and at the death of him or her as aforesaid .. .... to their children (my grandchildren) i. e. the share devised tc my son to go to his children, and the share to my daughter to go to her children,” the word “children” is a word of purchase, and not a word of limitation, and the son and the daughter take estates for life with remainder to their children.</p> <p>2. Where on a bill for partition it appears from the bill itself that one of the parties defendant had a life interest only in a share of the estate with remainder to his children, and through an oversight, no action is taken to protect the contingent interests of after bom children before the entry of decree for partition and the appointment of a master, the court may, before the sale is made, appoint a trustee to represent the contingent rights of such unborn children. Such action of the court cannot be regarded as an amendment to the bill and does not affect in any way the rights of the defendant in question or of his then existing children.</p> <p>3. On a bill for partition the court errs if it does not ascertain and define the respective interests of the parties before appointing a master to make partition; but if it appears that such action of the court does not harm any party in interest, the appellate court will not reverse the decree for such irregularity.</p>