Asper v. Stewart

Citations

• 246 Pa. 251
• 92 A. 133
• 1914 Pa. LEXIS 503

Syllabus

<p>Wills — Construction—Beal estate — “Children”—Fee tail.</p> <p>1. Prima facie “children” is a word of purchase, and not of limitation, and uncontrolled by the context, must be so construed, but where it is clear that it is used in the sense of “heirs” or “heirs of the body” it must be so construed, and the intent of the testator be permitted to prevail.</p> <p>2. Testator devised certain real estate to his daughter Mary “and her .children, heirs, executors, administrators and assigns, to her and their use and benefit forever, excepting thereof only the one-third of the income for the use of my widow during her lifetime as before mentioned.” Held, that the daughter took an estate tail in the real estate which was enlarged to a fee simple under the Act of April 27, 1855, P. L. 368.</p>