244 Pa. 161 | Pa. | 1914
Opinion by
Clear as was the intention of Francis Milligan, the testator, who died in 1846, that the corpus of his estate should remain intact until the death of the last of his eight children, it is equally clear he intended that interests in that corpus should vest before the period which he fixed for distribution. His intention must prevail, and, as it is so manifest, the rule of construction that the law favors a vested rather than a contingent estate, has no place on this appeal. Upon the death of each child it was instantly known who would take that child’s “share,” as the testator termed it, in his estate when it was to be distributed upon the death of the last of his children. The share of each deceased child was directed by the testator to go to his or her “devisees,” or, if dying intestate, to his or her lineal
Appeal dismissed and decree affirmed at appellant’s costs.