Edmunds Estate

Opinion by

Mr. Justice Allen M. Stearne,

In this will construction we are required to determine whether a gift in remainder is vested or contingent. The court below, one judge dissenting, held that the remainder was contingent.

Testator’s residuary estate was placed in trust to pay the net income to three named children for life and upon the death of each named child: “to convey, transfer, assign and pay over the principal of one-third of my residuary estate to my right heirs at law under the terms of the intestate law of Pennsylvania, absolutely, clear of trusts.”

The share in litigation is that…