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· 2/28/1921

Snyder v. Platzer

Citations

  • 269 Pa. 497
  • 112 A. 769
  • 1921 Pa. LEXIS 593

Syllabus

<p>Wills — Devise—Buie in Shelley’s Case — Fee simple estate — Act of'April 1865, P. L. 868.</p> <p>1. Where testator devises the income from real estate to his son for life, and, upon his decease, to the heirs of his body, share and share alike, and, in default of his son leaving to survive him any heirs of his body, then as the son may appoint by his will, the son takes an estate tail, which, under the Act of April 27, 1855, P. L. 368, vests in him an absolute fee simple.</p> <p>2. A subsequent direction in the will to the executor to sell the real estate after the death of the son leaving heirs, does not cut down the fee previously given.</p>

Judges: Frazer, Moschzisker, Schaefer, Simpson, Walling

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