Allen v. Hirlinger

Citations

• 219 Pa. 56
• 67 A. 907
• 1907 Pa. LEXIS 603

Syllabus

<p>Wills — Life estate — Widow—Power of sale — Consumption of estate.</p> <p>Where a will gives property by words which primarily import a fee, but adds restrictions inconsistent therewith, the question is whether the intent is to give a lesser estate, or to impose restraints upon the estate given. Cases of conflicting provisions are to be classified on this line of distinction.</p> <p>While a devise for life, with an unlimited power to consume, does not necessarily imply a fee, yet it does enable the devisee to convey in fee. The power to consume realty includes the power to convey.</p> <p>Testator directed as follows: “All the balance, or whatever may remain then of my estate, real, personal and mixed, I give, devise and bequeath to my beloved wife whom I desire to be the real owner thereof, and for her only proper use, benefit and behoof, during her natural life, or so long as she remains my widow, with, full permission to her to use and live therefrom as her necessities may-require and she to have the full ownership thereof, the same as I now have, and have had during my natural life. When my beloved wife dies, my will is, whatever may then remain of my estate, real, personal or mixed, I desire that the said remaining portion, if any, be given to my beloved daughter.” Held, that while the widow did not take a fee simple, she had a power to consume the real estate, and therefore a power to convey it, and make a good title.</p>