Snyder v. Baer

Citations

• 144 Pa. 278
• 22 A. 897
• 1891 Pa. LEXIS 610

Syllabus

<p>(a) The will of a childless testator provided: “ My beloved wife, Anna, ' shall have and hold the property in Bottstown where I now reside, said Anna to have the sole control of the same, during her lifetime; and at [her] discretion she shall order my executor to sell the real estate .... and the moneys realized.....my executor shall pay over to my beloved wife, Anna, and she.....shall have power to dispose of the same by bequeath, or as she directs: ”</p> <p>1. Under § 9, act of April 8, 1833, P. L. 249, the widow took a fee. The first clause of the devise being sufficient to pass the fee, and the subsequent provisions, giving her control of the property during her lifetime and the power to bequeath the proceeds in case of its sale, being surplusage, are insufficient to restrict the effect of the first clause, so as to cut down the devise to a life-estate.</p>