Miller v. Bower

Citations

• 260 Pa. 349
• 103 A. 727
• 1918 Pa. LEXIS 519

Syllabus

<p>Wills — Construction—Subsequently acquired real estate — Bequest of “Mortgages and money and personal property” — Conversion of mortgages into real estate — Intestacy as to real estate.</p> <p>1. It is absolutely necessary in order that a -will may be construed as operating upon subsequently acquired real estate that an intent on the part of the testator that it should so operate shall affirmatively appear in the will itself.</p> <p>2. Testatrix by will, after providing for the payment of her debts and funeral expenses and giving certain specific legacies, gave to her sister the interest on certain mortgages during her life and provided that after her death “all my mortgages and money and personal property are to be given to” another sister. At the time of the execution of the will testatrix owned no real estate, but subsequent to its execution she converted all of her mortgages, except one for $1,000 and applied the money realized thereon to the purchase of certain real estate, of which she died seized. Upon a bill in equity for a partition of the real estate plaintiffs, as heirs at law of testatrix, contended they were entitled to the same on the ground that it was not covered by the bequest above quoted; the court below held that testatrix intended to dispose of her entire estate and that by the use of the words referred to she intended to pass title to all property of any kind which she owned at the time of her death, including real estate and dismissed the bill. Reid, the words were insufficient to pass title to the after-acquired real estate.</p>