Hackney v. Tracy

Citations

• 137 Pa. 53
• 20 A. 560
• 1890 Pa. LEXIS 950

Syllabus

<p>1. The rule laid down in Eiehelberger v. Barnitz, 9 W. 447, that the words “ die without issue,” or equivalent expressions occurring in a devise, import a general and indefinite failure of issue and an estate-tail in the first taker, has never been shaken and is the law of this state at the present time.</p> <p>2. There are cases in which, although language somewhat similar was used, the failure of issue contemplated has been held to be a definite one; but in all such cases the decision was controlled by particular reasons, founded on language of the will indicating that such was the intention of the testator. ■</p> <p>8. While the fact that the devise over is to a living person by name, has sometimes been held important, in connection with other considerations, such fact is not of itself sufficient to show that a definite failure of issue was intended, and to prevent the legal meaning of the phrase “ die without issue ” from prevailing.</p> <p>4. A testator devised land to his daughter Elizabeth, “but in case..... Elizabeth should die without issue, then in that case all her interest that she might or could have in the same to descend to my daughter Mary: ” Elizabeth took an estate-tail, enlarged by the act of April 27, 1855, P. L. 368, into a fee-simple, and the devise over to Mary was void.</p>