Eisiminger v. Eisiminger

Citations

• 129 Pa. 564
• 18 A. 557
• 1889 Pa. LEXIS 985

Syllabus

<p>(a) A testator devised land to his widow for life, and then to his son Franklin, but directed that if Franklin should die without leaving a child or children at the time of his death, then the land should go to testator’s other children, etc.</p> <p>(&) Other property was devised by the will to Franklin and to Franklin’s brother James, and by a codicil it was provided: “Also the shares of Franklin Eisiminger and James Eisiminger, I give and bequeath to ■ Delilah, wife of Franklin Eisiminger, as Franklin Eisiminger lost his property bailing his brother James.”</p> <p>1. In sueli case, it was the intention of the testator that under the said codicil Delilah should take the whole of James’s share of the estate passing by the will, including his interest in the land specially devised to Franklin on the death of testator’s widow.</p>