West's Estate

Citations

• 214 Pa. 35
• 63 A. 407
• 1906 Pa. LEXIS 592

Syllabus

<p>Will — Legal and equitable estates — Life estate — Rule in Shelley’s case.</p> <p>Testator gave to a trust company a sum of money in trust for a nephew and niece “the net income to be paid in equal amounts quarter yearly to said nephew and niece during their lives, and at their deaths the principal to then- respective heirs. In case I survive them, or either of them, then the principal of his or her portion to his or her heirs.” The nephew died after the testator leaving a widow and collateral lcin, but no issue. Held, (1) that the estate in the first taker was equitable, and that to the heirs, was legal; (2) that the two estates did not coalesce, and that the rule in Shelley’s case did not therefore apply; and (3) that as in a gift of personalty heirs are synonomous with the next of kin, the widow of the nephew was entitled to share.</p>