Sellers v. Myers

Citations

• 56 Pa. Super. 207
• 1914 Pa. Super. LEXIS 68

Syllabus

<p>Will — Construction—Gift to husband — Power to consume — Limitation on fee. v</p> <p>1. Where a testatrix gives her husband her real and personal property with the exception of certain household effects and directs that “after the death of my husband if there be eney estate left or personal property left, I want the won halfe to go to my perense if living, if not living, to go to my nices and nephews,” the husband takes a one-half interest in the real estate in fee, but no interest in the other hah which he could dispose of by will.</p> <p>2. The word “want” in such a will is to be treated as a mandatory and not a precatory expression.</p>