Kirby's Estate

Citations

• 235 Pa. 542
• 84 A. 455
• 1912 Pa. LEXIS 584

Syllabus

<p>Wills — Estate in fee simple — Rule in Bhelley’s case — Act of April ffl, 1855, P. L. 868.</p> <p>Testator by his will gave to his daughter “the use, occupation and income” of his residuary estate, for and during her natural life, and upon her death, “leaving a child or children, and heir or heirs to her,” he gave the entire residue of his estate “to the said child or heir solely, or to the said children or heirs equally share and share alike.” Held, that the daughter took an estate in fee tail which under the Act of April 27, 1855, P. L. 368, was enlarged to a fee simple.</p>