Cecil v. Smith

Citations

• 44 Pa. Super. 274
• 1910 Pa. Super. LEXIS 165

Syllabus

<p>Deed — Estate tail — Estate in fee simple — Rule in Shelley’s case.</p> <p>Where a husband and wife execute a deed of real estate to a trustee to hold the same for the separate use of the wife for life and after her death in trust for the heirs of the body of the wife by the said husband, naming him, begotten or to be begotten forever, with power in the trustee to sell the land in fee simple, and for such sum as the wife might appoint and direct, the wife takes an estate tail in the land, which by the operation of the Act of April 27, 1855, P. L. 368, vests in her an estate in fee simple; and if her husband dies, and she subsequently remarries and has children by her second husband, such children on her death are entitled to share equally with the children of the first marriage in the real estate in question.</p>