15 Pa. 83 | Pa. | 1850
The opinion of the court was delivered by
Although when this will was first before us, the court disclaimed an intent to pass upon the rights of those who might be in a position to claim an interest in the sum to be divided after the death of the testator’s widow, I regard the question of construction now presented, as in effect answered by that decision.
The testator directed his real and personal estate to be sold (with some unimportant exceptions) and the net-proceeds to be divided among the children, “share and share alike,” and at the times of their severally arriving at the age of twenty-one years; excepting, however, from the primary disposition, $1000 of the whole sum, which he ordered to be placed at interest, for the use of his widow, and at her decease to be divided amongst “ my surviving children, or their heirs, as last above directed.” And it was held that the legatory shares, payable before the death of the widow, were vested interests, passing immediately to the legatees, though not payable to them respectively until each attained full age. But it is obvious that,.in this respect, the testator intended,'by the subsequent direction, to establish no distinction between the sums distributable before the decease of his widow and that to be enjoyed after her death. His evident object was to give all he possessed to the same persons; but, from necessity, different periods were designated as the times of actual enjoyment, in the event of his widow surviving the moment when the eldest child should attain his majority. It is as if he had said, I give all my effects to my children, to be divided between them, share and share alike, one part wh.ereof is to be paid in equal proportions to each, when they respectively reach the age of twenty-one years, and the other portion to be paid to them, in like manner, after the death of my widow, to whose use I bequeathed the latter portion during her life. Thus stated, it is clear that if the first-mentioned portion be vested in the benefi
Judgment affirmed.