Cook v. Quincy United Brethren Orphanage & Home

Citations

• 240 Pa. 308
• 87 A. 302
• 1913 Pa. LEXIS 667

Syllabus

<p>Wills — Construction—Estate tail — Estate in fee — Buie in Shelley’s case — Act of April B7,1855, P. L. 868.</p> <p>A testator by will provided tbat after tbe death of his widow, there should be “an equal division between my son and daughter, ; he keeping all money in his hand and only paying her annual interest or such amounts as may be necessary for her comfort in life,” the daughter’s share to “remain in the property as long as she lives and after her death it shall go to her heirs and assigns. If none exists it shall go to her brother Hiram, or his heirs.’’ Held, the daughter took a fee in realty constituting a part of the estate under the rule in Shelley’s case and the Act of April 27, 1855, P. L. 368.</p>