Marsh v. Platt

Citations

• 221 Pa. 431
• 70 A. 802
• 1908 Pa. LEXIS 504

Syllabus

<p>Wills — Devise—Life estate — Estate in fee simple — Buie in Shelley’s case.</p> <p>Testator devised as follows: “My executors will hold the real estate which I own, as follows: My son shall have the use and income therefrom during his life and shall pay two hundred dollars a year rent therefor as long as my wife lives, which rent shall go through my executor to my said wife as part of the said four hundred dollars per year hereinbefore directed to be paid to her. After my wife’s death he shall pay no more rent therefor, but shall pay all taxes and assessments against said land and upon his death said land shall descend to and the title thereto shall at once vest in his heirs at law. If my executors at any time after my wife’s death can get twelve thousand dollars or more for said land and consider it advisable to sell said real estate they may do so provided my son consents to, and the proceeds shall be carefully invested on bond and mortgage and held and used as directed concerning the land itself.” Held, that the son took an estate in fee under the rule in Shelley’s case, inasmuch as the executor was a mere holder of the title on a dry trust.</p>