McCormick v. McElligott

Citations

• 127 Pa. 230
• 17 A. 896
• 1889 Pa. LEXIS 1105

Syllabus

<p>(a) A testator, after giving all Ms estate to Ms wife for life and creating a trust as to $5,000 to take effect after her death in favor of his son for life, devised and bequeathed the “ rest, residue and remainder ” of Ms estate, after the death of his widow, to his “daughter Hannah, her heirs and assigns,” but providing that in ease his “ said daughter Hannah, should die without child or children,” his estate should be equally divided between his brother and sisters.</p> <p>1. In such case, the words “should die without child or children,” were intended to mean, die without child or children during the lifetime of the testator’s widow, and the daughter, Hannah, upon the death of the widow, became seized of an indefeasible estate in fee simple in the property so devised to her.</p>