Tripp's Estate

Citations

• 202 Pa. 260
• 51 A. 983

Syllabus

<p>Will — Construction—“ And\ for “ or.\</p> <p>Testator directed that immediately after the death of his wife, his trustees should pay the income of his property annually to his grandson, naming him, and his granddaughter, naming her, “or the survivor of them, for and during their natural lives.” In the succeeding clause of his will he directed that after the death of his wife his Lrustee should “ pay over said income or interest, or such proportion thereof as they may see fit, to my grandson and my grandaughter, or the survivor of them, said annual income to be paid to my said grandchildren share and share alike, that is to say, neither of them shall receive more than one half thereof.” In the following clause he said “from and immediately after the decease of my grandson and my granddaughter if either or both of them shall die leaving a child or children, I direct my executors and trustees to immediately turn over, and convey one half of my remaining property .... to any child or children of my grandson, share and share alike, and one half part thereof to turn over, deliver and convey to any child or children of my grandaughter, share and share alike.” Held, (1) that the word “ and” between the words “ my grandson ” and “ my granddaughter” should be read “ or” (2) that after the death of the grandson, the grandson’s child was entitled to the immediate enjoyment and possession of one half of the estate, and should not be postponed to the enjoyment and possession of one half of the estate until the death of her aunt.</p>