Jessup Estate

Opinion by

Mr. Chief Justice Bell,

The question involved is whether the gift of the remainder in the trust for Jenny vested at the death of the testator or at the death of Jenny.

The question of whether a bequest or devise created a vested interest (or a vested subject-to-be-divested interest), or a contingent interest has perplexed and vexed the Courts for countless years. This question arises most frequently in wills or trusts which, like the present, use the word “surviving,” and particularly when (as here) “surviving” is used in different context in the same will.

The testator, August E.…