Fassitt v. Seip

Citations

• 240 Pa. 406
• 87 A. 957
• 1913 Pa. LEXIS 685

Syllabus

<p>Wills — Construction—Life estate with power of consumption— Act of April 8, 1888, P. L. 2^9 — Ejectment—Colorable conveyances.</p> <p>1. Testator by will provided: “All the residue and remainder of my estate, real, personal and mixed...... not otherwise herein, or hereby disposed of, I give, devise and bequeath unto my said wife to have use, and enjoy the same, in like manner as I myself could do if living.” In the next clause testator provided, “whatever of my said estate, that may remain, unexpended after the decease of my said wife, I direct to be divided into two equal parts or shares.’’ One share he gave to his son during his life time and after his death to his children, and the other share to his daughter. Held, under the Act of April 8, 1833, P. L. 249, that the gift to the wife was a life estate only with power of consumption, and that she could not by will dispose of any estate derived under her husband’s will remaining at her death.</p> <p>2. The fact that during her lifetime the wife had made conveyances to third parties, who immediately reconveyed to her, did not alter the situation.</p>