Whiteley's Estate

Citations

• 273 Pa. 364
• 117 A. 77
• 1922 Pa. LEXIS 579

Syllabus

<p>Wills — Construction—Trusts and trustees — Active trust — Rule in Shelley’s Case — Child—Issue.</p> <p>1. The words “child” and “children” are presumptively words of purchase and not of limitation.</p> <p>2. An estate given in trust for the use of one for life and then over to his children in fee, creates bnt a life estate in the first taker, which is not changed by a provision that if the life tenant dies without children or issue him surviving, the estate is to vest in other relatives of the testator.</p> <p>3. Where testator does not give an estate to his son and his children, but in one clause gives the estate to his son for life, and in a subsequent clause to the son’s children in remainder, there is a manifest intention to limit'the interest to the son for life.</p> <p>4. In such case, as the son’s interest is equitable, and that of the remaindermen legal, there is no blending, and the rule in Shelley’s Case does not apply.</p> <p>5. Where the residue of the estate is given to the son for life, with remainder over, and this is followed by a direction to the executor to hold it in trust, and to pay thereout $10,000 to the son when he reaches the age of forty years, the trust is an active one to protect the estate both for the son and the remainderman.</p>