Hershey v. New York & Cleveland Gas Coal Co.

Citations

• 220 Pa. 651
• 69 A. 1046
• 1908 Pa. LEXIS 833

Syllabus

<p>Will — Devise—Life estate — Fee simple estate.</p> <p>Testator by his will directed as follows: “I give, devise and bequeath to my beloved wife the use and control of all our house, situate on the old homestead farm all the contents such as household goods of all kinds, also the orchard and vineyard and garden; also privilege to keep one or two cows and a horse on said farm, my son to furnish pasture, hay and feed for the same on said farm to have all the above described so long as she remains my -widow, also to have ten sheep with the above. I give, devise and bequeath to my son, the farm known as the old homestead farm and all that appertains thereto his heirs and assigns forever (excepting what is devised to his mother during her life as above specified, at her death, to the same to be sold and money divided— equally five shares. . . .” Held, (1) that the clause in the -will relating to a sale was meaningless and should be disregarded; and (2) that the son took an estate in fee simple in the land subject to the life estate or interest of the widow.</p>