Tomlinson's Estate

Citations

• 61 Pa. Super. 23
• 1915 Pa. Super. LEXIS 261

Syllabus

<p>Wills — Construction—Tested or contingent legacy.</p> <p>Where a testator gives all of the income of his estate to his wife for life, and directs that if the income is not enough to properly care for her, she shall have two hundred dollars per year in addition, and further directs that after her death a tombstone shall be placed over her grave, and then directs that after the death of his wife his estate shall “be divided equally between my nephews and nieces and the heirs of those who are deceased, the heirs of those who are deceased to have the parents’ share,” the children of a nephew who died in the lifetime of the widow will be entitled to take their father’s share under the testator’s will, as against the executors of the nephew claiming the share as having vested in the nephew.</p>