Bailey v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.

Citations

• 208 Pa. 45
• 57 A. 58
• 1904 Pa. LEXIS 696

Syllabus

<p>Will — Fee simple estate — Gift of real and personal property — Widow— Power to consume estate.</p> <p>Where a testator’s will gives, bequeaths and devises all his property to his wife and her heirs forever “ with this condition, that if she shall die before our son, I give, bequeath and devise to him and his heirs forever, the one half of all the property before mentioned, as it may then be,” the wife takes a fee simple and absolute interest in all of the estate real and personal.</p> <p>In such a ease the restricting words “ as it may then be ” are not to be confined to the personal estate.</p>