Wickersham's Estate

Citations

• 261 Pa. 121
• 104 A. 509
• 1918 Pa. LEXIS 696

Syllabus

<p>Wills — Trusts—Life estates — Vested and contingent remainders —Buie against perpetuities — Presumption—Former adjudication— New parties — New fund — Bes judicata — “Or” construed “and” — . Bequest to class.</p> <p>1. A testator dying in 1883 bequeathed his estate in trust to pay to his daughter Ive $83.33 monthly for her life; and upon her death, leaving issue, to pay the said sum monthly to such of her children as she might by will appoint; and, in default of such appointment, to pay the said sum to her children in equal shares during her natural life. In ease of the death of said daughter without issue her surviving, the testator bequeathed said monthly payment to his executors in trust for the uses and purposes following : to pay the income of his residuary estate to his daughter, Mary, for iter life; and, upon her death leaving children or grandchildren her surviving, to pay the income to such of her children or grandchildren as she might by will .appoint; and in default of such appointment to pay such income to her children or grandchildren equally in equal shares. In the event of the death of Mary without children or grandchildren her surviving, testator bequeathed the income in equal shares to a brother and son-in-law. Testator was survived by a son and his two said daughters. The son and daughters by agreement renounced their respective rights under the will and agreed to share equally in the income from the estate during their lives; and thereafter for a like division of the estate among their children. The son died in 1901 leaving three children; Mary died in 1911, intestate, leaving one child apd no issue of a deceased child; Ive died in 1916, leaving one child (and no other issue) to whom she appointed her share of her father’s estate. Ive’s son and Mary’s daughter were born before the death of the testator and were mentioned by name in his will. The lower court awarded to Ive’s son the monthly payment of $83.33 for his life, and awarded the balance