McCaffrey v. Manogue

Citations

• 196 U.S. 563
• 25 S. Ct. 319
• 49 L. Ed. 600
• 1905 U.S. LEXIS 924

Syllabus

<p>The policy of the law in favor of the heir yields to the intention of the testator, if clearly expressed or manifested.' The rule of.law that a devise of lands without words of limitation or description gives a 'life estate only, does not apply, and devises will be held to be of the fee, where it is plain that the testator’s intention was to dispose of his whole'estate equally between his heirs, and there is no residuary clause indicating that he intended passing less than all of his estate, and all of his heirs at law áre devisees under the will.</p>