Weaver's Estate

Citations

• 39 Pa. Super. 419
• 1909 Pa. Super. LEXIS 504

Syllabus

<p>Will — Legacy—Charge on land — Vested and contingent interests.</p> <p>1. In the case of a legacy charged on land the payment of which is postponed with reference to the circumstances of the legatee, the charge fails if the legatee dies before the time of payment; a distinction is drawn between the postponement of payment which has reference to the convenience or condition of the estate, and that which is made owing to the situation of the legatee.</p> <p>2. Testator gave a legacy to a boy ten years old at the time the will was made and then of feeble mind. He directed that the legacy should be paid to the legatee when he arrived at the age of twenty-five, provided he should, in the judgment of the executor, then be responsible and competent, otherwise the interest was to be paid to the legatee and the principal after his death to his children. No provision was made for paying interest to the legatee during the intervening period, the father of the legatee being able to support him. Testator directed that this legacy with others and debts should be charged on certain real estate described, and gave the residue of his estate to his brother. The legatee remained feeble minded during his life, and died under twenty-five years of age without children. Held, that upon the death of the legatee, the legacy lapsed, and the brother took the real estate free of the charge.</p>