In re the Construction of the Will of Forsch

The law favors the early vesting of estates. Where a testator has fixed no time for payment of legacies, the law provides for distribution at the end of seven months after issuance of letters testamentary in the ordinary situation (Surrogate’s Ct. Act, § 218). Concededly, the legatee in this case survived such period.

The question for decision is whether the testator fixed a time for distribution not survived by the legatee. No one disputes the right of a testator to prescribe such time and condition the vesting of a legacy on the legatee’s survival. In the present case, however, the will of…