Reilly v. Kerestes

Citations

• 70 Pa. Super. 71
• 1918 Pa. Super. LEXIS 173

Syllabus

<p>Will — Devise — Marriage of devisee —• Intestacy — Presumption against intestacy.</p> <p>Where a testator devises a house and lot to his son, and further provides that “the house and lot he -will get whenever he gets married,” without any limitation over, the son takes an estate in fee simple in the house and lot. The marriage was not a condition precedent to the vesting of the fee.</p> <p>A presumption arises from the execution of a will that the testator did not intend to die intestate as to any part of his property.</p>