Brumbach Estate

Opinion by

Mr. Justice Bell,

Did Frank E. Brumbach take a vested estate or was it contingent upon his surviving the life tenants?

Albert J. Brumbach died in 1923, leaving three sons, two daughters and three children of a deceased daughter. In the Seventh Item of his will the testator divided his residuary estate into six equal shares and provided, inter alia, as follows :

“(e) Out of one share I give and bequeath to my daughter Emma Ammon, the sum of Five Thousand Dollars ($5,000.00) absolutely. The remainder of such share ... I give, devise and bequeath to such Trust Company in the City of…