Patterson v. Reed

Citations

• 260 Pa. 319
• 103 A. 735
• 1918 Pa. LEXIS 511

Syllabus

<p>Wills — Devises of real estate — Residuary clause — “Dying without issue” — Act of July 9, 1897, P. L. SIS — Conversion—-Void gift —Reconversion.</p> <p>1. Under the Act of July 9, 1897, P. L. 213, which provides that the words “dying without issue” or words of similar import shall be construed to mean a definite and not an indefinite failure of issue, the rule is that where an absolute estate is followed by such words they will be construed as referring to death without issue in the lifetime of the testator, if the gift is immediate, or if not immediate, during the continuance of the life estate, and if the donee survives the testator, or the continuance of the intervening estate, his interest becomes absolute. If, however, he does not so survive, the limitation over takes effect as an executory devise.</p> <p>2. Where a testator devises real estate to his wife and daughter for their lives with remainder to charities upon the death of the daughter without issue, and the remainder to the charities is void, the property thereby devised vests in the testator’s heirs under the intestate laws, in the absence of a residuary clause devising real estate.</p> <p>.3. A testator devised real estate to his wife for life and at her death to his daughter Pearl “subject to the condition hereafter” that “if my daughter Pearl should die without leaving issue living, I direct that the real estate devised to my wife for life and in fee simple conditionally to her and after my wife’s death shall be sold and the proceeds thereof I dispose of as follows,” and there followed a direction to divide the proceeds between certain charities, which gifts were void because the will was not properly attested; there was a residuary clause bequeathing personal property to the daughter. The wife and daughter agreed to sell testator’s real estate and defendant refused to complete the contract alleging that plaintiffs did not have a marketable title. In an action for the purchase-money, the court e