Harrison v. Harris

Citations

• 245 Pa. 397
• 91 A. 617
• 1914 Pa. LEXIS 886

Syllabus

<p>Wills — Construction—Fee simple — Life estate — Buie in Shelley’s Case.</p> <p>1. When “heirs” is employed in connection with remaindermen, the rule in Shelley’s Case applies, unless other language in the will clearly demonstrates that the word was not intended in its technical sense, as a term of limitation. The strong presumption arising from the use of technical words of limitation is not easily overcome; it may be rebutted, but it can be by nothing short of affirmative evidence of a contrary intent, so clear as to leave no reasonable doubt. If in a devise the word “heirs” has other words of inheritance engrafted upon it, unless the latter are entirely inconsistent with the nature of the descent pointed out by the former, they will not convert it into a word of purchase; for the word “heirs” retains its significance, even though the effect be to make unmeaning other words in the will.</p> <p>2. Testator devised to his wife all his property for life including certain real estate and then provided: “After the death of my said wife, I give, bequeath and devise to my son, John, and to the son of my wife, Mathew Harrison, the use and income of all my estate, real and personal, share and share alike, for and during the term of their natural lives. In case of the decease of one of said sons, the other shall have a life interest in one-half of my estate, and the remainder shall be appropriated as hereinafter provided. After the death of John and Mathew, I give, bequeath and devise the undivided one-half part of all my estate, real and personal, to the heirs of said John and the other one-half part of my estate unto the heirs of Mathew, to have and to hold the same to themselves, their heirs and assigns forever.” Upon a case stated to determine the interest taken under thet said devise by the son Mathew, held that under the rule in Shelley’s Case he took a fee simple title in the undivided one-half interest in the real estate.</p>