Huddy's Estate
Supreme Court of Pennsylvania
Huddy's Estate, 257 Pa. 528 (Pa. 1917)
101 A. 818; 1917 Pa. LEXIS 773
Brown, Frazer, Moschzisker, Stewart, Walling
Huddy's Estate
Opinion of the Court
The clearly expressed intention of the testator confines the distribution of the income from his estate to the children of his deceased niece, Eliza M. Fagan, and their issue. This was the correct conclusion of the Superior Court: Huddy’s Estate, 63 Pa. Superior Ct. 34. Helen Fagan Moore, a grandniece, having died without issue, her interest in the income terminated with her death: Rowland’s Est., 141 Pa. 553. Appeal dismissed and decree of Superior Court affirmed at appellant’s costs.
Reference
- Cited By
- 17 cases
- Status
- Published
- Syllabus
- Wills — Vested and contingent interests — Construction—Trusts —Life estates. Where a testator bequeathed his estate in trust for the benefit of a niece for her life, and after her death to pay the income to her five children in equal shares and to the children of any of said niece’s children who might be deceased, such children to take their parent’s share, until the death of the last of the said niece’s children, and then to distribute the principal between said niece’s grandchildren and the issue of any grandchildren who might be deceased, per stirpes, and one of the children of the niece died during her mother’s lifetime without issue, her interest in the income terminated, and her executor was not entitled to such decedent’s share of the income accruing between the time of her death and the period of distribution of the principal.