Morrison v. Truby

Citations

• 145 Pa. 540
• 22 A. 972
• 1891 Pa. LEXIS 691

Syllabus

<p>1. It is a settled rule of construction that when a bequest of personalty is made absolutely in the first instance, and it is provided further that, in the event of the death, or death without issue, of the legatee, another legatee or legatees shall be substituted, such provision shall be taken to mean death, or death without issue, in the testator’s lifetime.</p> <p>2. Such being the rule as to personalty, when a clause containing such a provision applies to and blends together both realty and personalty, the inference is that, as to the realty, it was intended to be construed in accordance with said rule. No distinction in this respect, however, between devises of realty and bequests of personalty is recognized in this state.</p> <p>(a) A testator, having devised realty to a son “ during life, and after his death to his children and their heirs,” and other realty .to a daughter “ and her heirs,” and bequeathed personalty to each of said devisees, directed further that, if either should die without leaving issue living at the time of his or her death, all realty and personalty devised or bequeathed to the child so dying should go to the other absolutely:</p> <p>3. The clause of the will relating to the death of either of the testator’s children without issue, did not qualify the nature of the titles to realty previously devised to them, but had reference to the contingency of such death in the testator’s lifetime. Having survived the testator, the daughter took an indefeasible estate in fee-simple in the realty devised to her.*</p>