Chambers v. Union Trust Co.

Citations

• 235 Pa. 610
• 84 A. 512
• 1912 Pa. LEXIS 598

Syllabus

<p>Wills — Construction—Life estate — Rule in Shelley’s case — Rule in Wild’s case.</p> <p>Testator directed as follows: “I give and devise my farm (devised by my father to me) to my nephew, (naming him) and to his children; but in case he should die without legal issue then it is to go to the heirs of my father as directed by the intestate laws of Pennsylvania.” The nephew was without children at testator’s death, and subsequently died without leaving children to survive him. Held, (1) that the gift to the nephew and his children was tantamount to a gift to the nephew for life with remainder to his children; (2) that the word “children” was not to be given any larger meaning by the subsequent use of the words “legal issue;” (3) that neither the rule in Wild’s Case, 6 Coke, 16b; nor the rule in Shelley’s Case, had any application to the devise, and (4) that upon the death of the nephew without children the devise vested in the heirs of testator’s father in fee as an alternative limitation.</p>