249 Pa. 52 | Pa. | 1915
Opinion by
The testator, David Scull, died in 1889. In his avíÍI he gave to each of his seven children, one-seventh of his residuary estate absolutely. He then provided: “And in case of the decease of either or any of my said seven children, residuary devisees, whether during my lifetime, or after my decease, without leaving any children, or the issue of a deceased child to survive them, or if leaving such child, children or issue, all of them should depart this life under the age of twenty-one years, without issue, then it is my will and desire that the part and
We are unable to gather from the language of the testator any intention upon his part to benefit his grandchildren except in an indirect and uncertain manner. He gave his .residuary estate directly to his children, and by so doing made it possible for them to bequeath, a portion of the estate in turn to their children: But the testator gave nothing to the grandchildren. On the contrary, he made the fact of their existence, and that of their attaining the age of twenty-one, or leaving issue,
The assignments of error are overruled, the decree of the court below is affirmed, and this appeal is dismissed at the cost of appellant.