Mylin v. Hurst

Citations

• 259 Pa. 77
• 102 A. 429
• 1917 Pa. LEXIS 519

Syllabus

<p>Wills — Beal estate — Buie in Shelley’s Case — Act of April 27, 1855, P. L. 868 — Trusts—Dry trusts.</p> <p>Testator devised to Ms grandson a farm and wood lot “for and during the term of his natural life and after his death unto his lawful issue and in case he has no lawful issue, then unto his next of kin, in fee.” He further named a trustee for the estate given to his grandson and directed the trustee “to keep properly insured and in good order and repair all buildings” on the property. No funds were provided for insurance or repairs. Held, that the trust was dry and passive and not sufficient to prevent the operation of the rule in Shelley’s Case, and that the grandson took an estate tail, which was enlarged by the Act of April 27, 1855, P. L. S6S, into a fee.</p>