Brady's Estate

(dissenting). — It is a well-accepted canon of testamentary construction that a legacy shall be deemed vested or contingent as time shall appear to have been annexed to the gift, or only to the payment of it.

By reason of its misleading similarity to eases like Bilyeu’s Estate, 346 Pa. 134 (1943), and Allen Estate, 347 Pa. 364 (1943), cited in the majority opinion, the gift in this case might, on first inspection, appear to be vested, possession only being postponed until the grandchildren attain the age of 25 years.

However, in Bilyeu’s Estate the testator directed his trustee to pay the…