Cox v. Sims

Citations

• 125 Pa. 522
• 17 A. 465
• 1889 Pa. LEXIS 746

Syllabus

<p>(a) A testator gave to his wife the residue of his estate, real and personal, “to have and hold the same for and during the whole period of her natural life, and from and immediately after the death of my said wife, all the property hereby devised or bequeathed to her as aforesaid, or so much thereof as may remain unexpended, I give, devise and bequeath unto my beloved children [naming them] share and share alike, for and during the term of their natural life.”</p> <p>1. In such ease, the testator’s clear intent was to give his wife a life estate only: The words, “ so much thereof as may remain unexpended,” were applicable to the personal estate alone, and serving no other purpose than to describe what the children should take, did not enlarge the estate in the land devised into a fee: Fox’s Appeal, 99 Pa. 382; Follweiler’s App., 102 Pa. 581.</p>