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· 2/24/1919

Oyler v. Clements

Citations

  • 264 Pa. 65
  • 107 A. 326
  • 1919 Pa. LEXIS 594

Syllabus

<p>Will — Revise—Estate in fee — Marketable title.</p> <p>Where a testator gives to his daughter, her heirs and assigns, one-fourth of all his estate, and later in his will Says “I request the executors......to grant and convey by deed my home and house and thirty acres where I now live to my daughter......for $1500 payable out of her interest and bequest given to her in this will,” and the daughter elects to take the homestead, a deed to her by the executors gives to her a good marketable title in fee, not affected by a later clause in the will, which directs that “when my daughter and her husband die all the bequests I leave to my daughter that is in their possession shall fall back to the original” and be divided between two persons specified.</p>

Judges: Brown, Moschzisker, Simpson, Stewart, Walling

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