George v. Pennsylvania Railroad

Citations

• 47 Pa. Super. 520
• 1911 Pa. Super. LEXIS 193

Syllabus

<p>Will — Construction—Devise.</p> <p>Testator devised his home property to his wife for life with remainder to a son, who at the date of the will was unmarried, and probably resided with his parents. In the second clause of the will he gave to the same son certain designated personal property and three separate lots of ground duly described. In succeeding clauses he gave real and personal property to his other children. Then he directed that in case of the death of his wife and of the son first named, without issue, that the property be sold, and the proceeds be equally divided among his grandchildren, and he further directed that the son named should provide for and support his mother. After the death of testator’s widow, the son contracted to sell one of the lots devised to him in the second clause of the will. Held, that “the property” specified in the last clause of the will, referred only to the home property mentioned in the first clause, and that the son took an estate in fee simple in the real estate devised to him in the second clause.</p>