29 Ind. 482 | Ind. | 1868
This was a proceeding instituted to have certain bequests in the will of Mary Bepp declared void. The will directs that all her estate shall be converted into money,
It is claimed that the provisions of the will relative to the suspension and ownership of the property, until the arrival of the heirs of the children named above at the age of twenty-one years, are void, under the statute. The court below, on the trial, found, as a matter of law, the provision of the will valid.
This ruling- is in accordance with the authorities. The' estate, vested upon the death of the testatrix. Tucker v. Bishop, 16 N. Y. 404. The accumulation could only con-tinue till the youngest grandchild living at the death of the testatrix -arrived at the age of twenty-one years. 2 Gr. & H. §§ 1, 2, p. 482. If the grandchildren of the testatrix, born after her death, can share under the will, the distribution as to them also must take place as soon as the youngest grandchild living at the time of her death arrives at twenty-one years of age.
The judgment is affirmed.