Weekly notes of cases argued and determined in the Supreme Court of Pennsylvania, the County courts of Philadelphia, and the United States District ... the Eastern district of Pennsylvania Volume 7 - Softcover
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 Excerpt: ... of the possession or enjoyment does not prevent its vesting, where the suspensive expressions refer to the time of possession and not to the gift itself. Reed v. Buckley, 5 W. & S. 517. 1 Jarman on Wills, 727. Fearne on Remainders, 5S2, n. g. Where the property is put in. trust and the income given for maintenance, it will be held to be vested. Branstrom v. Wilkinson, 7 Ves. 420. Provenchere's Appeal, 17 Sm. 463. (2) Conversion is a question of intention, to be gathered from the whole will. Chew v. Nicklin, 9 Wr. 84. All the terms used by the testator indicate that the share to be given each of the children is to be transferred by a payment of money. There is no estate given in any particular part of the real estate. Their only means to obtain their rights under the will is by enforcing the execution of the trust. Morrow v. Brenzier, 2 R. 189. None of the children have such an interest in the real estate as could be bound by a judgment; if they take by election under the will it would be as purchasers. Allison v. Wilson, 13 S. & R. 330. Silverthome v. KcKinster, 2 Jones, 72. Dundas's Appeal, 14 Sm. 325. February 10, 1879. The Court. Did the testator intend to attach to the devises and bequests to the issue of his children a condition precedent that they should arrive at lawful age? The answer is in the terms of the will. Interest and income of both real and personal estate of the share of each child are payable during his or her life, and at death, without leaving lawful issue, such share shall lapse and fall back into his estate, and be divided among such of his children as may then be living, and the issue of such as may be dead, in the way directed in reference to their particular shares. In case any of his children "shall die, leaving lawf...
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Reseña del editor
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 Excerpt: ... of the possession or enjoyment does not prevent its vesting, where the suspensive expressions refer to the time of possession and not to the gift itself. Reed v. Buckley, 5 W. & S. 517. 1 Jarman on Wills, 727. Fearne on Remainders, 5S2, n. g. Where the property is put in. trust and the income given for maintenance, it will be held to be vested. Branstrom v. Wilkinson, 7 Ves. 420. Provenchere's Appeal, 17 Sm. 463. (2) Conversion is a question of intention, to be gathered from the whole will. Chew v. Nicklin, 9 Wr. 84. All the terms used by the testator indicate that the share to be given each of the children is to be transferred by a payment of money. There is no estate given in any particular part of the real estate. Their only means to obtain their rights under the will is by enforcing the execution of the trust. Morrow v. Brenzier, 2 R. 189. None of the children have such an interest in the real estate as could be bound by a judgment; if they take by election under the will it would be as purchasers. Allison v. Wilson, 13 S. & R. 330. Silverthome v. KcKinster, 2 Jones, 72. Dundas's Appeal, 14 Sm. 325. February 10, 1879. The Court. Did the testator intend to attach to the devises and bequests to the issue of his children a condition precedent that they should arrive at lawful age? The answer is in the terms of the will. Interest and income of both real and personal estate of the share of each child are payable during his or her life, and at death, without leaving lawful issue, such share shall lapse and fall back into his estate, and be divided among such of his children as may then be living, and the issue of such as may be dead, in the way directed in reference to their particular shares. In case any of his children "shall die, leaving lawf...
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