Slifer's Estate

Citations

• 54 Pa. Super. 14

Syllabus

<p>Wills — Construction—Income—Survivorship—Gift to class.</p> <p>Testator gave his residuary estate to trustees to pay the income therefrom to five nephews and nieces, naming them, “for and during all the terms of their natural lives, and the natural life of the survivors of them,” provided that in the event of any or either of the said nieces and nephews dying leaving lawful issue them surviving, then the principal of the said shares was to go to and vest in the child or children of the one or the other of them so dying. He also left in trust the sum of $5,000 to each of the said nephews and nieces who were to receive the income respectively therefrom during their natural lives, and after their decease respectively the principal was to go to their children, or if they should respectively die without children surviving, the principal was to go to and form part of his residuary estate. Testator had nephews and nieces other than, and of a different family, from those named in his will. After his death one of the nieces named in the will died. Held, that the income accruing after her death from one-fifth of the residuary estate did not pass under the intestate laws, but was payable to the surviving four nephews and nieces named in the will.</p>