Neubert v. Colwell

Citations

• 219 Pa. 248
• 68 A. 673
• 1908 Pa. LEXIS 555

Syllabus

<p>Will — Devise—Estate in fee — Substitutionary gift.</p> <p>It is a general rule that after an absolute devise in fee a provision that in case of the death of the devisee without issue, or without issue living at the time of his death, or similar phrase, then over to another, is not a limitation or curtailment of the prior devise but is alternative or substitutionary and to take effect only on the death of the first devisee in the lifetime of the testator.</p> <p>Testator after having devised one-half of his estate to his son “and his heirs and assigns” and the other half to his daughter “and her heirs and assigns,” directed as follows: “But if either of my said children shall die without leaving lawful issue living at the time of his or her death, then and in that event, the part or share of the child so dying shall go to and vest in the survivor and his or her heirs and assigns. And if both of my said children shall die without leaving lawful issue living at the time of the death of the survivor of them, then and in that event,- the shares or estates-of said children shall go to and become vested in my nephew and his heirs and assigns.” Held, that the testator’s children, surviving their father, took an absolute estate in fee.</p>