Abel's Estate

Citations

• 23 Pa. Super. 531
• 1903 Pa. Super. LEXIS 109

Syllabus

<p>Will — Construction—Heirs—Life estate — Heirs of testator.</p> <p>Testator in his will directed a sale of certain real estate, and gave the proceeds to his son W. By a codicil he revoked so much of the will as directed a present sale of such real estate, and provided that W. should “ have possession of said propei’ty during his life, he to pay all expenses of keeping the property in repairs, with taxes appertaining thereto, and at his death the property to be sold for the benefit of the heirs.” Testator left to survive him W. and another son. W. died after the death of testator leaving to survive him a second wife and children by his first wife. He gave all of his estate to his second wife absolutely. Held, (1) that the words “ the heirs ” meant testator’s heirs and not his sons’ heirs ; (2) that the two sons of testator had vested estates in remainder after the death of the one who was given a life estate; (3) that the proceeds of the real estate sold after the death of W. should be divided equally between testator’s surviving son, and W.’s widow as administratrix e. t. a. of her husband.</p>