Robeno v. Marlatt

Citations

• 136 Pa. 35
• 20 A. 512
• 1890 Pa. LEXIS 1012

Syllabus

<p>(а) The will of a testator devised all his estate to his wife in fee, and appointed her his executrix with full power to sell and convey. Children were born after the date of the will, and for them no provision was made therein.</p> <p>(б) By a deed reciting the devise to her in fee but not indicating that she conveyed or intended to convey under the power, or that the deed was made in the course of the administration of the estate, the widow afterward conveyed the real estate devised to her:</p> <p>1. In such case, the provisions of § 1, act of June 4, 1879, P. L. 88, were inapplicable; and, under § 15, act of April 8, 1833, P. L. 251, the after-born children were entitled to the same interest in the real estate of testator, “ as if he had actually died without any will.”</p> <p>2. Such children are not required to look only to the proceeds of the sale made by the widow, as that requirement would deny to them the interest in their father’s estate to which they are entitled under the statute.</p>