Ault v. Karch

Citations

• 220 Pa. 366
• 69 A. 857
• 1908 Pa. LEXIS 785

Syllabus

<p>Wills — Estate in fee — Life estate — Devise.</p> <p>A devise of a fee simple absolute in the first instance will not be reduced to an estate for life unless the intention to do so is clear.</p> <p>Where there is a plain devise of a fee simple to take effect immediately in possession, a devise over in case of the death of the first taker does not mean death generally, whenever it may happen, but death in the lifetime of the testator.</p> <p>Testatrix devised her real estate to her three daughters with the proviso that none should alien without the written consent of the others. In the final clause of her will she provided that “in the event of any of my said daughters dying without issue to survive her or them, then and in that case, I give and devise the share or shares” of the one so'dying to the others or their heirs in equal shares as tenants in common, subject to the same proviso as to alienation. Held, that the daughters took an estate in fee simple.</p>