In re Estate of Bellas

Citations

• 176 Pa. 122
• 34 A. 1003
• 1896 Pa. LEXIS 1052

Syllabus

<p>Will — Construction of — Fee simple estate — Life estate — Executory devise.</p> <p>The testator by his will directe ' as follows: “As regards the residue of my real and personal estate not above disposed of, I devise and bequeath it to my three daughters Eliza, Ann and Amelia, in fee, as tenants in common, viz., share and share alike, to be by my executors divided among them fairly, either in the realty, if practicable, or in the proceeds of sale thereof; and I request my executors, in dividing and appropriating the said residue, to require of my said daughters that their respective daughters shall receive of my estate, as far as practicable, severally, about double the amount that my said daughters’ sons receive severally.” Held, (1) that the language used by testator subsequent to the devise of the fee amounts to no more than the expression of a desire, and it is therefore inoperative; (2) that it did not create an executory devise giving a life estate to the daughters, and a devise over to their sons and daughters; (3) that the three daughters took an absolute estate in fee simple.</p>