Appeals, Nos. 168 and 169, Jan. T., 1953, from decree of Orphans' Court of Philadelphia County, Jan. T., 1916, No. 572, in Estate of Franklin L. Lyle, deceased. Decree affirmed.
John Russell, Jr., with him Morgan, Lewis & Bockius, for appellants.
Robert W. Sayre, with him Frank G. Sayre, Lambert B. Ott and Saul, Ewing, Remick & Saul, for appellees.
Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.
OPINION BY MR. JUSTICE BELL
Mrs. Martha Lyle Tinker died, leaving two children, the appellants in this case, and the question is whether under the will of Martha's brother these appellants took the income which Martha had been receiving and which was not otherwise disposed of in testator's will, or whether such income went to the surviving life tenants who are the appellees. Appellants and appellees are the nieces and nephews of the testator.
Franklin L. Lyle died February 14, 1915, leaving a will dated June 20, 1910, and several codicils. He left surviving him a sister, Jennie, who subsequently died without issue; a brother, William, who subsequently died without issue; a sister, Mary, who subsequently died, leaving a daughter and son, the present appellees; and a sister, Martha, who subsequently died leaving two children, the present appellants.
Testator in the residuary clause of his will provided for a distribution of income and incidentally of principal, as follows:
"H. Upon the death of all said life tenants I direct that the principal of my estate not otherwise disposed of shall be divided among the persons and for the estates they would have been entitled to if I had survived the survivor of said life tenants and died intestate, and until the time for final distribution of my estate, as herein directed, has arrived, I direct that all income arising upon any and all parts of my estate and not otherwise disposed of by this my will*fn1 shall be divided among the persons, in the proportions, and for the periods hereinbefore mentioned in Clause G. concerning the income referred to in said Clause." In order to interpret the testator's intent as set forth in
Clause H., we must refer to Clause G. which reads as follows:
"G. Upon the death without leaving, children or other descendants to survive him or her, of any person who under this will is entitled to receive any income during his or her entire life, I direct that the surviving life tenants or life tenant shall be paid the income which such deceased life tenant was receiving at the time of his or her death, said payment of said income to said surviving life tenants or life tenant to be for ...