Shornhorst v. Jacob

Citations

• 272 Pa. 223
• 116 A. 157
• 1922 Pa. LEXIS 806

Syllabus

<p>Will — Construction—Estate in fee simple — Power to convey in fee — Devise to son.</p> <p>1. Where a testator devises real estate to his son, and if the son dies unmarried, then over, but if the son is married then to hie children, followed by a provision for the son’s widow if the son has no children, at his death, and a final direction that on the widow’s remarriage “then the remaining- property he [the son] has not sold shall go back to” testator’s remaining children, the son takes an estate in fee simple, or at least the power to sell it in fee.</p> <p>2. In such ease the provision “if my son” dies married or not married is to be deemed to refer to death in the lifetime of testator.</p>