Reference

Full Case Name

Joseph J. Martin, Appeal of David B. Martin, Kate R. Woodward, Sallie Garrett and Evelyn Etherington

Cited By

12 cases

Status

Published

Syllabus

Trusts and trustees — Trust for accumulations — Act of April 18, 1853. The Aot of April 18, 1853, P. L. 503, relating to accumulations, docs not apply to a case where neither the persons who are to take the principal from which the income is to be accumulated nor the persons who are to take the accumulated income can be ascertained until the time for distribution designated by the testator. In such case the gifts are contingent, and the void accumulations go to the next of kin under the intestate laws. Testator disposed of his residuary estate as follows: “All the rest, residue and remainder of my estate of whatsoever kind and nature and wherever situated, together with such portion of my estate as may become part of my residuary estate under the preceding items hereof, I give, devise and bequeath unto my executors hereinafter named, in trust, nevertheless, to invest the same and collect the income arising therefrom until the time of the death of my .... wife, M. Upon the death of my said wife, I direct that the income which has arisen from this portion of my estate up to that time shall be divided among my brothers and sisters then living, the survivors or survivor of them. The principal sum of this portion of my estate shall, upon the death of my said wife, be equally divided among my nephews and nieces living at that time, per capita, and not per stirpes, the child or chiktasn of any of my said nephews or nieces who may be then dead taking its or their parents’ share. Any further sums which may thereafter become part of my residuary estate by reason of the preceding provisions shall be equally divided among my nieces and nephews living at, such time, per capita and not per stirpes, the child or children of any of my said nephews or nieces who may then be dead taking its or then-parents’ share.” Held, (1) that the trust for accumulation was void; (2) that the gifts of income to the “ brothers and sisters then living, the survivor or survivors of them,” and of the principal to nephews and nieces living at the death of the wife were contingent; (3) that the void accumulations went to the next of kin, and not to testator’s brothers and sisters; (4) that the principal of the sum to be accumulated belonged to the next of kin under the intestate laws, and did not pass under the residuary clause.