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· 7/1/1914

Rengier v. Kunzler

Citations

  • 246 Pa. 445
  • 92 A. 554
  • 1914 Pa. LEXIS 534

Syllabus

<p>Wills — Construction—Words amounting to devise in fee — Precatory words — Act of April 8,1888, P. L. Sec. 9 — Case stated.</p> <p>On the hearing of a case stated to determine whether plaintiff had a fee simple title to land which she had agreed to sell to the defendant, it appeared that her title was derived under the following clause of the will of her husband: “I bequeath to my wife, R., My Whole Estate absolute, at her death to do as she knows what I would want her to do with my estate. I want my wife, R., to be one of My Executors, and my brother, J., to be the other one. Everything is to go on the same as when A. lived unless the Executors see otherwise.” Held, under Section 9 of the Act of April 8, 1833, P. L. 249, the devise was sufficient to pass the fee.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “[o]ur courts have long recognized that, where a will has been partially lost or destroyed, the court may admit to probate those parts or provisions which are sufficiently proved when they are separable from the remainder and independently enforceable.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Brown, Fell, Moschzisker, Potter, Stewart

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.