Elliott v. Diamond Coal & Coke Co.

Citations

• 230 Pa. 423
• 79 A. 708
• 1911 Pa. LEXIS 627

Syllabus

<p>Will — Construction—Devise—Fee simple estate — Estate for life.</p> <p>Testator directed as follows: “I give devise and bequeath to my daughter .... [a farm] .... to have and to hold unto my said daughter and her children forever. I also devise and bequeath to my daughter .... [another farm] .... to have and to hold unto my said daughter and her children forever. I also give to my daughter three hundred and fifty dollars in money.” He further devised farms to three of his sons, using in each instance the phraseology: “I give, devise and bequeath to my son .... to have and to hold unto my said son, his heirs and assigns forever.” Held, that the daughter did not take an estate in fee simple, but only an estate for life with remainder in fee to her children as a class.</p>