Stout v. Good

Citations

• 245 Pa. 383
• 91 A. 613
• 1914 Pa. LEXIS 884

Syllabus

<p>Wills — Construction — Life estate — Rule in Shelley’s Case— “Children\ — \Issue.’’</p> <p>1. The rule in Shelley’s Case is not a rule of construction but of law and is never applied until the meaning of the testator is first ascertained. If the words of the will show that the testator intended the remainderman to take directly from him and not by inheritance from the devisee of the life estate, then the rule has no application. On the other hand if they show a contrary intention, the rule applies.</p> <p>2. The rule in Shelley’s Case ordains that when a life estate is devised to a person and in the same will an estate is limited mediately or immediately to his heirs in fee or in tail, the word heirs is a word of limitation not of purchase, and the devise to the first-taker is enlarged to a fee. When the technical words suggested in the rule, “heirs,” for a fee simple, and “heirs of his body,” for a fee-tail, appear without more, then no further inquiry is permitted, and the rule applies; but where other words are used, such as children, or the like, and the rule is sought to be applied by analogy, then the burden rests upon him who claims them to be the equivalent of “heirs” or “heirs of his body” to show they were so intended; and this must be demonstrated from their context or other relevant language in the will, Judged according to proper and appropriate rules of construction.</p> <p>3. The general rule is that neither superadded words of limitation nor of distributive modification, standing alone, will be accepted as enough to overcome precedent words sufficient to give a fee; but the combination of the two will usually be taken as sufficient proof of an intent to create a new line of descent in the daughter C my house and lot known as No. 860 North 19th Street, remainderman and to make them purchasers from the testator.</p> <p>4. Testator provided: “I give, devise and bequeath to my for and during the term of her natural life, and upon the death of my said