33 Pa. Super. 117 | Pa. Super. Ct. | 1907
Opinion by
The rule is general that a bequest to a number of persons not named but answering a general description is a gift to them as a class: Gross’ Estate, 10 Pa. 360; Hunt’s Estate, 133 Pa. 260; and the principle of interpretation in such a case is that only those members of the class participate in the estate who are living when the gift vests: Pemberton v. Parke, 5 Binney, 601; Gross’ Estate, 10 Pa. 360. The question for our consideration is whether there is anything in the language of the will which exempts this case from the operation of the rule. The gift is to be “ divided between the children of my brothers, Charles Todd and James Todd and the children of my sister Jane Ayres, giving to each of said nephews and nieces (not hereinbefore mentioned in this will) share and share alike, in case of the death of any of said nephews and nieces without issue his or her share is to be equally divided among the survivors.” In the third, fourth, fifth and sixth paragraphs of the will the testator devised to three nephews and a niece respectively the real estate in the several paragraphs described. In the seventh, eighth and ninth paragraphs he made gifts to two brothers and a sister. The tenth paragraph is that out of which the present controversy arises. Taking all the provisions of the will into consideration the testator apparently used the word “ children ” in that paragraph in its literal and common acceptation. The devisees referred to in the third, fourth, fifth and sixth paragraphs were children of a brother of the testator
The decree is affirmed.