Schaper v. Pittsburgh Coal Co.

Citations

• 266 Pa. 154
• 109 A. 762
• 1920 Pa. LEXIS 525

Syllabus

<p>Wills — Gift to wife — Life estate — After-acquired real estate — • After-born child — Glass—Acts of April 8, 1888, P. L. 2I¡9, and June 4,1879, P. L. 88.</p> <p>Testator gave and bequeathed to his wife “all my remaining property......so long as she remains my widow, to have and hold as her own, but if she should choose to marry again, then she is to have but one-third of all the property above named, the other two-thirds to be held in trust by her for the use of my children till the youngest becomes of age, then to be equally divided between them; if my children should die before reaching the age of twenty-one without marrying and leaving heirs of their own, then the property is still to be held by my wife as her own to do with as she may please, but if one of them dies the property goes to the others and so on.” Held:</p> <p>(a) That the words “all my remaining property” constituted a general devise of testator’s property of every kind, and under section 10 of the Act of April 8, 1833, P. L. 249, and Section 1 of the Act of June 4, 1879, P. L. 88, real estate acquired after the date of the will passed by the general devise.</p> <p>(b) That a son of the testator bom after the date of the will (children being designated therein as a class) was provided for within the contemplation of Section 15 of the Act of April 8, 1833, P. L. 249.</p> <p>(c) That the widow took and enjoyed only a life estate, and, on remarriage, a life estate in but one-third, subject to which the fee vested in testator’s son and daughter.</p>