Christy's Estate

Citations

• 245 Pa. 529
• 91 A. 939
• 1914 Pa. LEXIS 911

Syllabus

<p>Real property — Wills—“Heirs”—Words of limitation — Rule in ShelleyJs Case — Construction—Act of April 21, 1855, P. L. 868— Intention.</p> <p>1. The words “heirs” or “heirs of the body” are words of limitation of the estate, not words of purchase. When used by a testator, the law presumes that he used them in their legal sense, and intended not individuals, but quantity of estate, and descent; and the burden is upon him who contends that they are words of purchase, to rebut that presumption, and show that they were used in the particular devise to designate persons.</p> <p>2. Where a testator by will devised the proceeds of certain real estate to a son'during his lifetime, and directed that “after his death it shall go to his heirs free and unencumbered by any debts of his except for developing mines, &c. If my son......should die without heirs, I leave my sister......the one-fourth of my estate ......The other three-fourths to my brothers......,” it was to be implied that by tbe use of the word “heirs,” the testator meant a class of heirs among whom his own sister and brothers could not have been enumerated, and used the word in the sense of “heirs of the body” and the son took an estate in fee-tail, under the rule in Shelley’s Case, which by the Act of April 27, 1855, P. L, 368, was converted into an estate in fee simple.</p>