Homet v. Bacon

Citations

• 126 Pa. 176
• 17 A. 584
• 1889 Pa. LEXIS 854

Syllabus

<p>(a) A testator’s will dated in 1831, gave to Ms wife Cynthia, a life estate in a tract of land, and provided that after her decease, “ the real estate afore-described should descend to the children issued from my marriage with said Cynthia, and if she should survive them, or any of them, it is further my intention and purpose that the same should after her death and after the death of my children by her without any heirs revert to the male children issued from my first marriage or from the first bed and to their heirs.”</p> <p>(6) In 1838, the testator added a codicil which after referring to the death of his wife and making an additional provision out of personalty for his daughter Lydia, the only child of the last wife, proceeded, “ hereby.....confirming in favor of my daughter Lydia such parts of my real estate as 1 have by said will of March 1831 disposed of in favor of my wife Cynthia to revert after her death to her children if any.”</p> <p>(r) The testator died in 1839, leaving said Lydia to survive him, and leaving also male children by his first wife and descendants of such children ; Lydia died in 1886, without issue living, but having conveyed the laud in 1852 by deed acknowledged in open court under the act of January 16,1799, 3 Sin. L. 338.</p> <p>1. By the provisions of the original will quoted, a life estate was given to the widow, with a remainder to Lydia in fee, and the conveyance by Lydia in her lifetime passed the title in fee to her grantee.</p> <p>2. The codicil, by its express language and plain meaning, operated simply to confirm the estate previously granted to Lydia by the will, and could not bo construed to substitute for her a new or different estate from that previously devised.</p> <p>3. If there were any doubt as to the meaning of the expression, “without any heir,” in the will, there is as much reason for reading it “ issue ” as “ children,” and read in that way, the estate of Lydia would be at least an estate tail duly barred by t