Keown's Estate

Citations

• 238 Pa. 343
• 86 A. 270
• 1913 Pa. LEXIS 969

Syllabus

<p>Wills — Construction—Beal property — Life interest — Gift for use of daughter and her “children’’</p> <p>1. Where testator by will provided, inter alia, “I will and bequeath all my property be the same real personal or mixed unto my wife Elizabeth Keown she to have and hold the same with power to sell transfer and make title to the same or any part thereof as fully and legally as I myself could have done,” with a gift over upon the death of his wife of “the property remaining of my estate,” the wife’s interest is only a life estate, with power of disposition within her lifetime.</p> <p>2. Where testator by will gave the remainder of his real estate to his children, share and share alike, further providing, “the shares bequeathed to my daughters is for their own separate use and that of their children should they have any, and in no wise to be subject to transfer by other partios,” a daughter not in contemplation of marriage at the date of the will, but who after-wards married and died leaving children, takes a life interest only in the real property of the decedent.</p> <p>Decedents’ estates — Partition—Surviving husband of life tenant.</p> <p>3. The surviving husband and devisee of decedent’s daughter, who had but a life estate in his property, has no standing to seek partition.</p>