Todd'S Estate

Citations

• 33 Pa. Super. 117
• 1907 Pa. Super. LEXIS 254

Syllabus

<p>Wills — Construction—Vested and contingent gifts — Gift to a class.</p> <p>The rule is general that a bequest to a number of persons not named .but answering a general description is a gift to them as a class; and the principle of interpretation in such a case is that only those members of the class participate in the estate who are living when the gift vests.</p> <p>Testator having made specific devises to four nephews and nieces naming them, children of T., concluded his will as follows: “I will and bequeath that the balance of my property and estate remaining after the aforesaid devises and bequests are paid and satisfied, shall be divided, equally between the children of my brother C. and J. and the children of my sister J., giving to each of said nephews and nieces (not hereinbefore mentioned in this will) share and share alike, in case of the death of any of said nephews and nieces without issue his or her share to be equally divided among the survivors.” A son of the sister died in the lifetime of the testator, and before the date of his will, leaving to survive him one child, who also survived the testator. Held, that such child did not take under the residuary clause of the will.</p> <p>The Act of July 12, 1897, P. L. 256, provided that where one is a member of a class named by the testator as objects of his benevolence, the legacy or devise shall not become void because of his death in the lifetime of the testator, but shall be good in favor of surviving issue of the dead legatee. The act does not apply, however, unless such .cleceasédlegatee was a member of a class at some time between the execution of the will and the death of the testator.</p> <p>Prior to the act of. July 12, 1897, the legal presumption was that where a member of a class died during the lifetime of the testator it was not the intention of the latter that the issue of the person so dying should take under the will. Under the 'act the presumption is that the testator intended that if a