Commonwealth Title Insurance & Trust Co. v. Gross

Citations

• 261 Pa. 476
• 104 A. 684
• 1918 Pa. LEXIS 770

Syllabus

<p>Wills — Construction—Real property — Rule in Shelley’s Case.</p> <p>A testator bequeathed to his wife and son, share and share alike, all of his property, and provided that a certain house should “be a home for my wife and son as long as they agree. If rented, each to have a share alike. I want it understood that my property is not to be sold or mortgaged by either my wife and son. In case my wife dies before my son he is to have her share of the estate and if he dies before her she will have his share, without he has heirs who will receive his share then......in case of death of both the wife and son (he leaving no heirs) I want my estate to go” over. Held, the rule in Shelley’s Case applied and the son took a fee.</p>