Potts v. Griesemer

Citations

• 174 Pa. 516
• 34 A. 192
• 1896 Pa. LEXIS 917

Syllabus

<p>Will — Rule in Shelley's Case — Fee simple estate.</p> <p>Testator declared that it was his desire that all his children should receive “ equal shares with each other” in his estate. He further directed: “ To my son, C., I give and bequeath the homestead on which I now reside, together with a tract of land which I purchased from Z. . . . I also give my son C. a tract of woodland on MonocacyHill.....rated and valued to my said son at $200. The farm to be reckoned to him at $4,800. My said son C. shall pay annually to my beloved wife the sum of fifty dollars.” Similar devises with similar charges were made to F. “ The real estate bequeathed to my sons F. and C. shall be for their use and support during their natural lives, and at their death shall descend to their children, if any; if no children, then to descend to the brothers and sisters and their children.” Devises of absolute estates were made to the daughters with similar charges. Held, that C. took an estate in fee simple in the land devised to him.</p>