Naugle v. Irvin

Citations

• 259 Pa. 214
• 102 A. 815
• 1917 Pa. LEXIS 542

Syllabus

<p>Wills — Construction—Devises—Dift in fee — Defeasible gift — Intention.</p> <p>Testator devised his residuary estate, including certain realty, to “my two children (naming them) their heirs and assigns, share and share alike, or each to have one-half.......In case of the death of either child during minority, without issue, then the share of such child dying without issue shall go to and he vested in such surviving child.” The will then provided for a gift over to certain named devisees in case of the death of both children without issue. Held, that each of the testator’s two children took a fee simple estate in one-half of said real estate, defeasible only by death without issue during minority and indefeasible on arrival at the age of twenty-one.</p>