Heck v. Bugen

Citations

• 268 Pa. 261
• 111 A. 160
• 1920 Pa. LEXIS 670

Syllabus

<p>Will — Devise of one-third to widow — Estate to children if widoiv dies in testator’s lifetime — Survival of widow — Intestacy—-Title to real estate.</p> <p>1. Where a testator gives, devises and bequeaths to his wife “her one-third interest” in his estate “if she survives me if not the estate to be equally divided” among his children, without any disposition of the remaining two-thirds, the survival of the widow vests in her one-third of the estate absolutely and creates an intestacy as to the other two-thirds.</p> <p>2. In such ease, after the death of the widow intestate, the children take one-third of the estate as heirs of their mother, and, with the other two-thirds vested in them by descent from the father, theymay make a good title to all of the real estate of which their father died seized.</p>