59 Pa. 70 | Pa. | 1868
The opinion'of the court was delivered, July 2d 1868, by
The testator, George Geiger, deceased, left a will, containing numerous bequests and devises, and among them one to a grand-nephew, in the following words, viz.: “ I direct my executors to vest in stock, or in the purchase of good real estate in the county, the sum of $1000; the dividends, rents, or profits of which, to be applied to the support and education of my nephew George Geiger, son of Hiram Geiger, deceased, until he attains the age of twenty-one years; and in case he lives tq attain that age, I give the stock and money, or land, to him and his heirs.” Geiger died before attaining his majority, unmarried, and the question in the court below was, whether the corpus of the bequest was vested in the legatee, or was contingent, depending on his attaining the age of twenty-one years. In other words, whether it passed under the intestate laws to his legal representatives, or to the residuary legatees in the will. The court below held that it was vested and descended to his heir at law under the intestate acts.
Were it not for certain rules of construction, in themselves somewhat artificial, but more than once applied to cases of bequests of the above description, I should feel much inclined, as was the learned judge below, to hold the bequest of the corpus of the legacy in this case to have been contingent, and not vested at the death of the legatee. The words are, “ in case he lives to attain that age” (twenty-one years), “ I give the stock, money, or land, to him and his heirs.” The words “in case” imply a condition as explicitly as “if,” “upon,” and the like, and express a contingency, which contingency was in this case dependent on attaining the designated age.
If the words just quoted stood alone no doubt that the legacy would have been contingent, but they are preceded by what it is thought, on authority, controls and leads to a different result in this case. In the first place, the testator severs from the body of his estate $1000, to be invested, to make a provision for the support and education of his nephew. This is an indication of an intent to make him the beneficiary of the corpus of the legacy, especially as here, where he provides no limitation over to any
The distinctive difference between devises of realty and personalty aids in construing clauses in wills like the one under consideration. In the former, words of limitation must be added to give more than a life estate; but in the latter, words of qualification are required to restrain the extent and duration of interest : 2 Rop. on Leg.; 4 Rawle 440; 6 Watts 14, and 4 Id. 130, cited supra. No words are used to qualify the bequest in this case; and therefore there is full play for the principles which which gives to it the quality of a vested interest upon the princi-. pies referred to.
The decree of the Orphans’ Court is affirmed at the costs of the appellants.