Hastings v. Engle

Citations

• 217 Pa. 419
• 66 A. 761
• 1907 Pa. LEXIS 728

Syllabus

<p>Wills — Devise—Rule in Shelley’s case — Heirs—Children.</p> <p>Testatrix devised as follows: “I give and bequeath to V. during her life time and the heirs of her body at her decease all of my real estate, and in case of her or her children dying without living issue, the said real estate I give to the Board of Home Missions of the United Presbyterian Church of North America.” Held, that V. took an estate in fee simple.</p> <p>The words, “heirs of her body,” are technical words and are presumed to be used in a technical sense, unless the context indicates a clear intention to the contrary and under these words the devisees in remainder take as heirs of the devisee of the particular estate and not as purchasers under the testatrix and hence as the stock of a new inheritance.</p> <p>Prima facie “children” is a word of purchase and not of limitation. But where it is clear that it is used in the sense of “heirs” or'“heirs of her body” used in a former part of the will, it must be so construed and the intention of the testatrix be permitted to prevail.</p> <p>The rule in Shelley’s case is not one of construction but of law, and it operates only after the intention of the testatrix has been ascertained from the language of the will.</p>