Horton v. McCall

Citations

• 233 Pa. 405
• 82 A. 472
• 1912 Pa. LEXIS 842

Syllabus

<p>Wills — Construction—Estates—“Heirs”—Indefinite failure of issue— Acts of July 9,1897, P. L. 218, and April 27,1856, P. L. 868.</p> <p>1. Where testator, dying in 1883, by his will provides that .a “farm is to be and remain the property of my son W., and his heirs, .... and if W. has no heir, then said farm falls to F., or next nearest of kin,” the son takes an estate in fee simple.</p> <p>2. In such a ease the expression “if W. has no heir,” is equivalent to saying “if W. shall die without issue,” and under the settled rules of construction as they existed prior to the Act of July 9,1897, P. L. 213, they must be held to import a general and indefinite failure of issue, and the first taker will take an estate in fee simple.</p> <p>3. If the devise be regarded as being one to W. in fee, and in case of his death over to another in fee, the estate of W. must be regarded as a fee tail, which by force of the Act of April 27, 1855, P. L. 368, becomes a fee simple.</p>