Thistle's Estate

Citations

• 263 Pa. 60
• 106 A. 94
• 1919 Pa. LEXIS 375

Syllabus

<p>Wills — Illegal accumulations — Intestacy.</p> <p>1. Where a testator, purporting to dispose of his entire estate, fails, through a violation of Sec. 9 of the Act of April 18, 1853, P. L. 503, relating to accumulations, to dispose of such accumulations as he intended, the accumulations will, under the terms of the act, go to “such person or persons as would have been entitled thereto if such accumulations had not been directed.” If the testator’s three daughters and a son answer to such persons, all four will be entitled to share in the income, although the will disclosed that it was the intention of the testator that the son should have no share of the residuary estate, either corpus or income.</p> <p>Wills — Trusts and trustees — Active trust — Vested mid contingent estates — Illegal accumulations.</p> <p>2. The striking down of illegal accumulations in a will, leaves the will as if it had been silent on the subject, and future gifts are not accelerated; if the accumulations relate to a vested interest taking effect in possession, the released income goes at once to the beneficiary; if to an interest not vested in possession, the income goes to the residuary legatee or devisee, unless the residuary estate itself be the subject of the provision, in which case the income goes under th# intestate laws to the next of kin.</p> <p>3. A testator directed his trustee to convert his residuary estate into money and invest the same and pay. an annuity of $2,000 to each of his th?ee daughters for a period of five years after his death, and at the end of the same period the sum of $10,000 to each of his daughters. He further directed that at the expiration of fifteen years after his decease, the remainder, including all accumulations, was to be divided equally ámong his three daughters, “but in case either of my said daughters shall die without leaving lawful issue then living, prior to the date of the distribution, then her share shall go to her sisters and the issue then