McIntyre v. McIntyre

Citations

• 123 Pa. 329
• 16 A. 783
• 1889 Pa. LEXIS 657

Syllabus

<p>(a) A will admitted to probate July 24, 1830, in the introductory paragraph provided: “ And to such worldly estate wherewith it hath pleased God to entrust me, I dispose of the same in the following maimer: ”</p> <p>(£>) A devise by a subsequent paragraph was as follows: “I will and bequeath to my daughter, Maiy McIntyre, the one half of the land that I possess above the road, that is the north end. She will not have power to sell but may leave the same to her children.”</p> <p>1. In such case, the first sentence of the devise to the daughter, construed with the sentence quoted from the introduction, passed a fee, unaffected by the attempted restraint upon alienation in the second sentence.</p> <p>2. The clause, “but may leave the same to her children,” is precatory only, not obligatory, so that it cannot defeat the otherwise operative effect of the previous disposition by the devise in fee.</p>