Long v. Hill

Citations

• 29 Pa. Super. 606
• 1905 Pa. Super. LEXIS 389

Syllabus

<p>Wills — Fee or life estate — Presumption—Disposal of entire estate — Disinheriting heir — Mingling of real and personal property — Gift to widow.</p> <p>It is a presumption of law that a testator intends to dispose of his entire property.</p> <p>The heir is not to be disinherited except by express words or necessary implication.</p> <p>The blending of real and personal estate in a testamentary disposition may, in the absence of any inconsistent provision, indicate an intention to give the same interest in both, and hence that when the language employed is such as to create a fee in the realty the testator intends to make the gift of the personalty absolute. But even terms expressing an absolute gift of the personalty will not create a fee in the realty, when it appears that it is the intention of the testator to give a less estate.</p> <p>Testator stating that it was his intention to dispose of his whole estate, gave and bequeathed to his wife all of his estate real, personal and mixed “to be held for her own use and benefit so long as she shall remain my widow.” He appointed his wife and son executors and gave them full power to sell real estate. There was no residuary clause in the will. Held, that the widow did not take a fee in the real estate.</p>