Dilworth v. Schuylkill Improvement Land Co.

Citations

• 219 Pa. 527
• 69 A. 47
• 1908 Pa. LEXIS 616

Syllabus

<p>Constitutional law — Exercise of judicial functions — Act of July 9, 1897, P. L. 213.</p> <p>The Act of July 9, 1897, P. L. 213, entitled “An Act declaring the construction of words in a deed, will, or other instrument importing a failure of issue,” is not a wrongful exercise of judicial functions, and is constitutional.</p> <p>Wills — Construction—Default of issue — Life estate — Act of July 9, 1897, P. L. 213.</p> <p>By will made in 1901, a father bequeathed and devised all his residuary estate to his daughter “for her sole and separate use, free from any estate or control in any husband she may have, now, or in contemplation, with power to appoint among her children or their issue, if any she have; and in default of issue of my said daughter,” to named collaterals. Both at the date of the will and at testator’s death, the daughter was neither married nor in contemplation of marriage. Held, (1) that the Act of July 9,1897, P. L. 213, applied; (2) that the will implied a definite failure of issue; and (3) that the daughter took a life estate only.</p>