Kemp v. Reinhard

Citations

• 228 Pa. 143
• 77 A. 436
• 1910 Pa. LEXIS 444

Syllabus

<p>Will — Devise—Rule in Shelly’s case.</p> <p>Testatrix devised to a son the use and income of seven enumerated properties “for and during his lifetime.” In the next clause of her will she directed as follows: “And immediately after the decease of said son I give and devise the above described seven tracts or pieces of land, devised to him herein for life, to his issue in fee. Should he, however, die without leaving issue living,” then over to another son in fee. Other devises in the will were to the devisees, their “heirs and assigns.” Held, that the devise in question was to the son for life, and that the rule in Shelly’s case had no application, inasmuch as the issue of the son did not take as issue from him, but as the root of a new succession directly from the testatrix.</p>