Jackson's Estate

Supreme Court of Pennsylvania June 15, 1904

Jackson's Estate, 209 Pa. 520 (Pa. 1904)

58 A. 890; 1904 Pa. LEXIS 661

Dean, Fell, Mitchell, Potter, Thompson

Opinion of the Court

Per Curiam,

The will of the testatrix directed, “ The balance of my estate I give to my granddaughter Mabel Y. Tucker, when she shall arrive at the age of twenty-one years, and I appoint Alfred Wood to be her guardian; but in case of her death, without an heir, before she shall reach the age of twenty years, the portion that would have fallen to her shall be divided as follows : ” naming the secondary beneficiaries.

The gift to the granddaughter was contingent on her arriving at the age of twenty-one years, and as she died before that *521age it never .vested. The further provision as to her death before reaching the age of twenty “ without an heir ” means without a child, and this contingency having also happened, the secondary beneficiaries took under the gift over to them. The intent of the testatrix to this effect is too plain to need discussion.

Decree affirmed with costs.

Reference

Cited By: 1 case
Status: Published
Syllabus: Wills—Remainder—Vested and contingent estates. The will of testatrix directed “ the balance of my estate I give to my granddaughter when she shall arrive at the age of twenty-one years; but in case of her death, without an heir before she shall reach the age of twenty years, the portion that would have fallen to her, shall be divided as follows:” naming the secondary beneficiaries. The granddaughter died without a child before she reached the age of twenty years. Held, (1) that the provision as to death “without an heir,” meant without a child; (2) that the gift to the granddaughter was contingent on her arrival at twenty-one years, and as she died before that age it never vested; and (3) that upon the granddaughter’s death the secondary beneficiaries took under the gift over to them.