85 Pa. 339 | Pa. | 1877
delivered the opinion of the court, November 5th 1877.
The only other question we deem necessary to consider is whether William It. Johnson died “without issue then living.” Eliza M. Johnson devised the property in question, in trust for her two sons, Francis L. and William R., but provided in case either of them died within the period of twenty-one years from her decease, without issue then living, the whole should go to the survivor and his heirs. The will further provided, that in case both of her said sons should die within twenty-one years from her decease, without issue then living, then devise over to other persons. Francis died within less than five years after the death of his mother, without issue. William R. died afterwards, but within twrenty-one years after his mother’s death. He left a widow, then enoeints, who in less than two months thereafter gave birth to a child.
It is unnecessary to cite authorities to prove that a child in ventre sa mere, is in law bom for all purposes of inheritance. This is an acknowledged principle of English law. Under our statute it can inherit in like manner as if born in the lifetime of the intestate. The language “then living,” manifestly refers to the time of the death of the son. Hence, it follows that William R. died leaving “issue then living,” and the devise took full effect.
Decree affirmed.