Hoxie v. Chamberlain
Citations
- 228 Pa. 31
- 76 A. 423
- 1910 Pa. LEXIS 425
Syllabus
<p>Wills — Construction—Fee simple estate — Real estate.</p> <p>1. A devise with power to give a fee, passes a fee.</p> <p>2. Where a testator gives to a person, who is in the position of a daughter to him, the same estate which she would have taken as his only child and heir at law, and in a subsequent clause directs that should she “have no legal issue or heir of her own body at her death, the personal or real property she may die seized of by virtue of this bequest shall revert to and belong to my estate,” the devisee takes a fee simple in the testator’s real estate.</p>
Judges: Elkin, Mestrezat, Moschzisker, Potter, Stewart
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