Galbraith v. Swisher

Citations

• 19 Pa. Super. 143
• 1902 Pa. Super. LEXIS 48

Syllabus

<p>Will — Fee simple estate — Dying without issue in lifetime of testator.</p> <p>If a bequest be made to a person absolute in the first instance, and it is provided that in the event of death or death without issue another legatee or legatees shall be substituted to the share -or legacy thus given, it shall be construed to mean death or death without issue before the testator.</p> <p>Testator directed as follows: “I give, bequeath and devise unto my beloved son, all my real estate and all my personal estate which has not been heretofore disposed of, to him, his heirs and assigns forever, provided, however, that should my son die,” the estate shall pass to his issue, or failing issue, to his mother, or his mother being dead, .to persons named. Held, that the son surviving his father took an estate in fee under the will.</p>