Boulevard from Second Street

Citations

• 230 Pa. 491
• 79 A. 716
• 1911 Pa. LEXIS 636

Syllabus

<p>Wills — Construction—Life estate.</p> <p>1. A testator devised to his grandnieces all the property of which he should die possessed, “and to their heirs and assigns, subject nevertheless to the following restrictions, .... the real estate of which I may die seised shall be held and enjoyed by them during their lives, or, in case of the death of one of them, during the life of the survivor,” upon condition that they or one of them should make the testator’s homestead a place of permanent residence; upon the refusal of both to reside at the homestead, for two months, the real estate mentioned to go as directed in the next clause of the will, as if the devisees were dead. The “next clause” of the will directed that upon the death of the devisees for life, the real estate should go to “The Infidel Society in Philadelphia, hereafter to be incorporated, and to be held and disposed of by them for the purpose of building a hall for the free discussion of religion, politics, etc.” Held, that the remainder to the infidel society was invalid, and that the grandnieces took an estate for life only.</p> <p>2. If a testator in one part of his will devises an estate in fee simple and it appears from the language of subsequent parts of the will that he intended the devisee to take a smaller estate the first devise is limited accordingly. Where the subsequent provisions only affect qualities inseparable from the estate previously given they have no effect. Where, however, they show the nature of the estate and that what might be a fee under preceding terms of the will was intended to be an estate for life or for years they are to be given effect.</p>