Fidelity Trust Co. v. Bobloski

Citations

• 228 Pa. 52
• 76 A. 720
• 1910 Pa. LEXIS 430

Syllabus

<p>Wills — Construction—Gift to widow — Remarriage—Defeasible estate in fee.</p> <p>1. In case of doubt the construction of a will should be in favor of the first rather than of the second taker; of a general or primary intent rather than of a particular or secondary one; and where a devisee is subjected to a charge or burden doubts as to the quantum of the estate should be resolved in his favor.</p> <p>2. An indefinite devise coupled with a charge on the devisee passes a fee.</p> <p>3. Testator by his mil provided as follows: “I. Fully convinced, that my wife is able as well as willing, after my decease to instruct and educate our children, and to take care and administer our joint property, just as good as if I was still living I wish and direct that my said wife shall take possession and enjoy and administrate for the time that she remain a widow all of my real and personal estate and effects. . . . I wish and direct that my said wife shall assist to the best of her ability, our children, when they become of age, to procure the ways and means best adapted for their future welfare and position to secure their own means. ... At and of the event of my said wife.again becoming married, all my real and personal estate shall be divided between herself and our children, according to the laws of this commonwealth. . . . To assist my wife in the execution of my real and personal estate as well as in the execution of my last will and testament, I herewith appoint herself” and two other persons named, as executors. Held, that the widow took a defeasible fee, which upon her death without remarriage became a fee absolute.</p>