McCullough's Estate

Citations

• 272 Pa. 509
• 116 A. 477
• 1922 Pa. LEXIS 857

Syllabus

<p>Wills — Construction—Devise to wife — Life estate — Remainder —Absence of gift over — When intention not to give fee.</p> <p>1. Where a testator devises real estate to his wife “for her use and maintenance and that of my minor children,” gives her a full power of sale, and finally directs that all of his property after payment of legacies shall revert to his wife as executrix “according to the provisions mentioned and set forth in this my last will and testament,” the wife takes a life estate, and if any real estate remains unsold at the death of the wife the children take it in remainder under the testator’s will.</p> <p>2. In such case the power to sell was not repugnant to the creation of a life estate in the wife.</p> <p>3. The absence of a gift over on the death of the wife, does not, under the particular wording of the will, vest a fee in the wife.</p> <p>4. Though the absence of a gift over is some indication of a purpose to give to the first taker an estate in fee, yet the will as a whole may disclose a contrary intention.</p>