Henninger v. Henninger

Citations

• 202 Pa. 207
• 51 A. 749
• 1902 Pa. LEXIS 496

Syllabus

<p>Will — Devise—Life estate — Power of sale.</p> <p>There is no repugnance between a devise for a life term, and a super-added power of sale. Both may operate, and when the power is executed, it is, whore it is not otherwise ordered, simply a substitution of one kind of property for another, the estates of those interested remaining the same in the thing substituted.</p> <p>Testator devised real estate to his wife for life with the right in her, however, to use, sell and dispose of any or all of said estate for the use and support of herself and II. He further directed as follows: “ Should my wife die before H. my will is that such portion as shall then remain shall be for the use and support of H., with the right in her to sell and dispose of the same for her maintenance and support, and upon the death of both my wife and H., and after the payment of their funeral expenses, what portion of my estate shall then remain shall vest in and become the absolute property of my sister E., and her heirs.” Held, thatH.'could contract to sell and make a valid title in fee simple to the land passing under the will of testator.</p>