Goldstein v. Hammell

Citations

• 236 Pa. 305
• 84 A. 772
• 1912 Pa. LEXIS 750

Syllabus

<p>Wills — Construction — Survivorship—Joint tenancy.</p> <p>1. Where a testator gives to his wife and to his daughter the rents of real estate “share and share alike for and during the term of their natural lives,” the daughter to inherit the share of the mother and after the death of the daughter the real estate to go to the daughter’s children, and if the daughter should die without leaving children then all the properties are to go to testator’s brother, if the daughter dies in the lifetime of the mother the brother will be entitled to half of the rent inasmuch as the title vested in him on the death of the daughter.</p> <p>2. Where there is a devise to two or more by name without a clear intention to vest the estate in the survivor the estate will be held to vest severally.</p> <p>Parent and child — Adoption — Wills—After-horn children — Acts of April 8, 1888, P. L. 2Jf9j May k, 1855, P. L. 1¡S0, and April 2, 1872, P. L. 81.</p> <p>3. Children adopted either under the Act of May 4, 1855, P. L. 430, or under the Act of April 2, 1872, P. L. 31, are not entitled to any rights in their adopting parent’s estate, where the adoption took place after the adopting parent had executed a will. The Act of April 8, 1833, P. L. 249, relating to after-born children has no application to adopted children.</p>