Myers v. Bentz

Citations

• 127 Pa. 222
• 17 A. 899
• 1889 Pa. LEXIS 1104

Syllabus

<p>(a) A testatrix devised a house and lot to her three daughters, subject as follows: “It is my will and desire that my said daughters shall have the use and benefit of my said house and lot, jointly, so long as they shall remain single and unmarried, but in case either of my said daughters shall marry, 1hen such daughter shall forfeit her right to the use and benefit of my said real estate, and the use and benefit of the same shall inure to the benefit of my remaining unmarried daughters or daughter, during their natural lives or the life of the survivor of them.</p> <p>(6) “ It is further my will that the survivor of my unmarried daughters shall have the right to dispose of my said house and lot by will or otherwise, but in the event that either of my said daughters should die unmarried, then the share of such daughter in the said real estate shall descend to my remaining single or unmarried daughters or the survivor of them. Should all of my said daughters marry, then the property shall be sold by them or the survivors of them and the proceeds shall be equally divided among them or their legal representatives.”</p> <p>(c) The testatrix bequeathed and devised, also, “ all the restand residue ” of her estate to her said three daughters. One of said daughters died, intestate, unmarried and without issue, leaving her two sisters, also two brothers and children of a deceased brother, to survive her. Subsequently, the two surviving sisters, who were both unmarried, uniled in conveying the house and lot for a full consideration.</p> <p>1. In such case, the two surviving sisters were vested with a valid fee simple title to the premises devised, and their deed conveyed such a title to their grantee.</p>