McKee v. Lawrence Savings & Trust Co.

Citations

• 64 Pa. Super. 199
• 1916 Pa. Super. LEXIS 274

Syllabus

<p>Wills—Construction—Life estate or fee simple—Lie without issue—Act of f[uly 9, 1897, P. L. MS.</p> <p>Where a testator devises land to his wife for life or widowhood, and at her death to a nephew “and should he die without issue the same to lapse to the residue of my estate, and be distributed as provided in this will,” and further directs that at the death of his wife all the rest and residue of his estate should go to ten nieces and nephews naming them, including the nephew previously mentioned, such nephew takes an estate in fee simple on the death of the testator’s widow.</p> <p>The intention of the testator was to give an absolute estate conditioned upon the devisee surviving the widow, or the date of her marriage, and his not dying without issue before that time. To make an estate, absolute in inception,' defeasible by an artificial canon of construction would be contrary to the intention of the testator.</p> <p>The Act of July 9, 1897, P. L. 213, is not applicable to the language of such a will.</p>