Reference

Cited By

12 cases

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Published

Syllabus

Will — Construction—Intestacy—Issue—Trusts and trustees — Vested and contingent estates — Income. Testator by his will, after authorizing his executors and trustees to advance certain sums of money to his sons and daughters and directing that such sums should be deducted from their respective shares of his estate which he was about to set apart for their benefit so that no inequality should occur or injustice be done, gave the residue of his estate to his executors in trust to pay to his wife one-third of the net income for life, and provided further, “The remainder of the net income and profits thereof is to be paid in like manner to my three children, share and share alike, during their respective lives and to the issue of such of them as may die leaving issue (during the respective minorities of such issue), the said issue taking their deceased parent’s share. The property is to be held in trust. . . . After these trusts have been fully executed then the said property shall descend and go as my estate according to the then existing laws of Pennsylvania.” Power was given to the sons of the testator to appoint by will a share of his income to his widow. One of the sons died leaving a will by which ho appointed a certain sum per annum out of the income of his father’s estate to his widow. The balance of such income was paid to his only child, a daughter, during her lifetime. This daughter subsequently died without issue, but leaving to survive her a husband. Held, that the balance of the income was payable to the husband.