Keating v. McAdoo

Citations

• 180 Pa. 5
• 36 A. 218
• 1897 Pa. LEXIS 857

Syllabus

<p>Will — Devise in fee — Outbing down estate.</p> <p>Testator devised one fourth of the residue of his estate to a daughter “ and to her heirs and assigns forever.” In a subsequent portion of his will he directed as follows: “ If any of my said children shall die without leaving lawful children, the part devised to such child shall go to and be equally divided among my other children, who shall then survive the child so dying without lawful children, and if any of my children die leaving children or a child, then such child or children shall be entitled to the same share of the estate of any of my children who'shall die without leaving lawful issue that the parent of such child or children would have been entitled had such parent been alive at the time of the death of my said child so dying without issue.” Held, that there was nothing in the will to show a clear intent to cut down the fee given to the daughter to a life estate.</p> <p>Will — Trusts and trustees — Separate use trust.</p> <p>A testator, having real and personal property, devised and bequeathed one fourth of the residue of his estate to his daughter R,. By a subsequent clause in his will he directed as follows: “The estate which I have bequeathed to my said daughters, R. and M., shall not be liable to the debts, nor subject to the control of their respective husbands.” In all parts of the will the testator used the word “devise” in connection with real estate, and his use of technical words throughout the will was uniformly accurate. Held, that the separate use trust was confined to the personal property only.</p>