Allen v. Hirlinger

Citations

• 33 Pa. Super. 113
• 1907 Pa. Super. LEXIS 253

Syllabus

<p>Wills — Life estate — Widow—Power of sale.</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, for her individual use, benefit and behoof, granting to her full power to keep, have and to hold or dispose of the same at her individual pleasure.” The estate consisted of real and personal property. Held, (1) that the widow had a right to use the personal property and enjoy the real estate; (2) that she had a life estate and not a fee in the real estate; and (3) that she had no power to‘sell the real estate.</p>