Heath's Estate

Gest, J.,

The question raised by these exceptions was, without doubt, correctly decided by the Auditing Judge. The remainders were given, after the death of the testator’s widow, “to my children then living and their heirs forever, and if there should be a child or children of any of my children then deceased, they or it shall then have the share of the deceased parent.” These remainders are clearly contingent, both according to the plain language of the will and the decisions of the Supreme Court, among which Mulliken v. Earnshaw, 209 Pa. 226, may be especially noted.

At the audit, however,…