185 Pa. 194 | Pa. | 1898
It is perfectly clear, and is established by numerous authorities, that the bequest in favor of Elizabeth Hamlin was not upon a condition in restraint of marriage. She was to enjoy the income of $5,000 so long as she remained single and bore the name of Elizabeth Hamlin. When she ceased to be single and to bear the name of Elizabeth Hamlin her right to the income was simply ended. The words of the bequest were merely a limitation of the time of enjoyment. Hotz’s Est., 38 Pa. 422, is precisely in point and rules this question. Many other cases cited in the appellee’s argument are in the same line. The other question as to the vesting of the principal is equally free
Where a trust is unnecessary to protect any interest in re mainder, the estate is executed by the statute in the remainder-man : Bradley’s Appeal, 36 Leg. Int. 38; McAleer’s Appeal, 99 Pa". 139. The latter case in its facts is quite analogous to the present.
Judgment affirmed.