Stathers v. Renz

Citations

• 251 Pa. 315
• 96 A. 717
• 1916 Pa. LEXIS 466

Syllabus

<p>Wills — Devises—“Heirs”—Construction—Buie in Shelley’s Case.</p> <p>A testator devised to his daughter, Virginia, a certain farm “to have and to hold the same during the term of her natural life, remainder in fee simple to her heirs at law”; he further devised to his son Henry and his wife a certain farm “to have and to hold the same during the term of their natural lives, remainder in fee simple to his heirs at law, in case he should have issue, but in case he should die without issue, then the said tract of land to revert to the heirs at law of my three daughters, Catherine, Susannah and Virginia, in fee simple.” Held, that while the use of the words “heirs at law” in the devise to Henry showed that testator intended them not to have their technical meaning, the absence of qualification in the use of the same words in the devise to Virginia disclosed the testator’s intention that Virginia’s heirs should take by descent from her, that the rule in Shelley’s Case applied, and Virginia took a fee simple.</p>