35 Pa. Super. 185 | Pa. Super. Ct. | 1908
Opinion by
The testator gave his estate to a trustee, the income therefrom to be paid to his four sons and two daughters, in equal shares for life, with the further direction, “from and after the death of either of my sons or daughters and until the death of all of them, to pay the income which he or she would, if living, have received to such person or persons of kin to such son or daughter as he or she may by will have appointed and in default of such appointment to the child or children of such son or daughter that may then be living, or the issue of any child or children of such son or daughter that may then be dead, leaving issue, in equal shares equally, as however that such issue shall take per stirpes only a parent’s share, and if there be no children or issue of such son or daughter then such person or persons as would take from, through or under me had I lived until then and died intestate.
“In trust when and so soon as the longest, liver of them, my sons and daughters, shall be dead, to make partition, allotment and division of my entire estate, real and personal
It is contended, however, that the decree cannot be sustained because a gift of personal property for fife will vest in the legatee an absolute interest in the subject of the bequest when no trust is interposed or there is no bequest over, and this is said to be a rule of law and applicable here because the income bequeathed by Henry G. Freeman arises in part from personal estate. Because of this fact it is claimed that the appointment to the widow of Charles D. Freeman gave her an absolute estate in so much of the income as was derived from personal property. It cannot properly be said to be a rule of law that a bequest of personalty for life gives to the first taker an absolute title to the property even where there is an express power to consume, sell and dispose of the subject of the bequest. The general rule that an absolute title is granted is not a rule of law but one of construction to aid in ascertaining
The decree is affirmed.