Tatham's Estate

Citations

• 250 Pa. 269
• 95 A. 520
• 1915 Pa. LEXIS 936

Syllabus

<p>Wills — Construction—Tested and contingent estates — Ascertainment of class — Time of vesting — Decedents' estates — Beal estate— Conversion.</p> <p>1. The law favors vested rather than contingent estates, and unless it clearly appears from the context or the circumstances of the case that a contingent interest was intended, the remainder will be regarded as vesting at the death of the testator, and not at the expiration of the life tenancy.</p> <p>2. A devise of real estate to one for life, with remainder to the testator’s heirs, vests the remainder in those who answer such description at the time of his death, unless the will affords clear and unequivocal evidence to the contrary, and it is immaterial that the life tenant is one of the class who will take the remainder.</p> <p>3. Testator by will gave his residuary estate to his executors in trust for the benefit of his widow and children during the lifetime of the widow, and in case of the death of the sons before their mother, for the benefit of their children or widows, and if they died leaving neither issue nor widows, then the entire residue should be held for the use of the widow during her life; testator gave his wife a power of appointment, and further provided that in the absence of the exercise of such power, “then I devise and bequeath the entire reversion to my lawful heirs and distributees as provided by the intestate laws of the Commonwealth of Pennsylvania.” By a codicil, testator revoked the power of appointment to his wife, except as to $30,000 of his estate, and provided “as to the rest, residue and remainder of my estate, and as to the whole of it, in case my wife makes no such appointment, I give, devise and bequeath the same to my executors and trustees and the survivor and heirs of the survivor of them, as named in my will, in trust, to distribute the same — in case my sons are both dead, leaving at the time of the death of my wife no lawful issue surviving — to my own right heirs and dist