McElwain v. Whitacre

Citations

• 251 Pa. 279
• 96 A. 655
• 1916 Pa. LEXIS 458

Syllabus

<p>Beal property — Wills Devises — Life estates — Remainders—Rule in Shelley’s Case.</p> <p>' 1. Where it is clear from the language of a devise that an estate in remainder is limited to the lineal heirs of the life tenant, the life estate is enlarged into an estate in fee, by operation of law, regardless of the testator’s intention.</p> <p>2. Where a testator devised to his daughter a certain designated farm “to have and to hold the same during her natural life, then the said farm to pass to her heirs,” the Eule in Shelley’s Case applied and the daughter took an estate in fee simple in the farm.</p>