Scranton-Lackawanna Trust Co. v. Bruen

Atkinson, Presiding Justice.

(After stating the foregoing facts.) The first question for decision is whether or not the bequest of Mrs. Eliza Johnson Grigg to Bessie M. Beck gave her the absolute indefeasible title to the property mentioned, or whether the provisions in the bequest providing that, in case she died without children, the property would go to Henry H. Bruen, was a limitation on the ownership of the property and created a base or qualified fee in Mrs. Beck, with contingent remainder in Mr. Bruen.

Code § 113-812 declares: “If a legatee shall die before the testator, or if dead when…