Henry's Estate
Superior Court of Pennsylvania
Henry's Estate, 53 Pa. Super. 57 (1913)
1913 Pa. Super. LEXIS 130
Head, Henderson, Morrison, Orlady, Porter, Rice
Henry's Estate
Opinion of the Court
We are of opinion that the orphans’ court correctly held that, according to the doctrine of the later cases, particularly Mulliken v. Earnshaw, 209 Pa. 226, the remainders created by the will of John Henry, deceased, were contingent, and, therefore, that the decree of April 1, 1911, was improvidently entered. The decree vacating it, from which this appeal was taken, is affirmed for the reasons given in the opinion of the orphans’ court. •
Reference
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- Status
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- Syllabus
- Wills — Vested and contingent remainder — Trusts and trustees. Where a testator by his will leaves his estate to his wife for life or widowhood, and at her death or remarriage, gives the estate to “such child or children of my said wife by me as shall be then living, and to their heirs and assigns forever, the representative of any deceased child to have the share of his, her, or their parent,” the remainders to the children are contingent; and the court has no power, in such a case, to award to the widow as guardian of her children, and with her own acquiescence, a portion of the principal of the estate, although it appears that funds are necessary for their maintenance and support.