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Boyle v. Boyle

Citations

  • 152 Pa. 108
  • 25 A. 494
  • 1893 Pa. LEXIS 947

Syllabus

<p>[Marked to be reported.]</p> <p>Wills — Life estate — Fee—Precatory words.</p> <p>Mere precatory words, or words of command, or words of explanation, are not enough to establish an intention that is not to be gathered from a consideration of the operative words upon the face of a will.</p> <p>A will provided as follows: “ As to my worldly goods, after my just debts are paid, I give and bequeath to my beloved wife all my property, real and personal, for her support during her natural lifetime; any remainder at her decease to be disposed of by her as she may think just and right among my children.” Held, that the words of the will import an absolute gift, and give a fee with all its incidents, including the power to sell and the power to devise. The words referring to the remainder do not limit the estate, as they are merely precatory.</p>

Judges: Green, Heydrick, McCollum, Mitchell, Paxson, Williams

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