Benedict v. Hawthorn

Citations

• 270 Pa. 529
• 113 A. 416
• 1921 Pa. LEXIS 432

Syllabus

<p>Wills—Construction—Devise to. widow—Power to consume — Fee simple estate—Words, etc.—“Property deft.”</p> <p>1. Where testator, after bequeathing a money legacy to a daughter, gives and devises the residue of his estate to hia wife, and directs that, if his wife and daughter die', an'd the daughter leaves no children, “the property left by them be equally divided between” other parties named, the wife has power to consume all of the estate, real and personal, left to her, and may make a good title in fee simple of the real estate.</p> <p>2. Not decided, whether, under the will, an alternate power of consumption, after the widow’s death, was vested in the daughter, with an ultimate remainder to her children of what was left in fee.</p>