Whitman's Estate

Citations

• 248 Pa. 285
• 93 A. 1062
• 1915 Pa. LEXIS 561

Syllabus

<p>Wills — Trusts—Life estates• — Remainders — Rule against perpetuities — Violation—Validity of gift.</p> <p>1. A valid limitation which is associated with, but practically jjossible of separation from, one that transgresses the rule against perpetuities, will not be struck down, unless the will as a whole not only shows the void limitation, but that the general scheme and dominant purpose of the whole disposition was to tie up the testator’s estate beyond the time allowed by law.</p> <p>2. The validity'of a life estate or succession of life estates at the death of the testator, or during a life or lives in being, and 21 years thereafter, is not always affected by reason of ultimate limitations which transgress the rule against perpetuities.</p> <p>3. A testator bequeathed his estate to trustees with directions to pay the net income; therefrom to his wife for life; upon her death to his daughter for life “free from the control of any husband she may now have or hereafter take”; upon the death of said daughter to divide the principal among the children of said daughter in equal shares “the shares of any male issue or children......to be paid to them on their respectively attaining the age of 21 years,” the shares of the female children to be held “upon the like trusts hereinabove set forth and declared for my said daughter, and upon the decease of any of my said grandchildren who are daughters of my daughter......to divide and pay over such share in my estate as herein given to such grandchildren......to and among their lawful issue or children,...... in the event of my said daughter......dying not leaving any lawful issue or children her surviving, then I order and direct my said trustees......to divide and pay over the said principal of my residuary estate” among certain charitable institutions. Testator was survived by a widow and by a daughter who was married but had no children. The widow died and thereafter a female child was born to the daughter. The daughter