Sturgis's Estate

Citations

• 205 Pa. 435
• 55 A. 27
• 1903 Pa. LEXIS 590

Syllabus

<p>Will — Devise—Construction—Partition.</p> <p>A testatrix after devising the residue of her estate to her seven children provided “if any of these devisees are dead leaving issue or married, I give the share such deceased child would have taken if living, to the uses of his or her will; and if he or she should have died intestate, leaving issue or a widow, I give the said share to the persons and for the estates they would have taken in the same had such child died the owner of that share. If any of the said devisees, or if my two daughters, hereinafter named, or either of them, shall have died before me, I give so much of the share of that child, as does not vest in his or her issue, husband or wife by the provisions of this will, to the persons and for the estates to whom and for which the residue of my estate is devised.” One of the sons died before testatrix, leaving a widow and children, and giving to his widow all his estate for life, “ with full power to dispose of the same by will,” and in default of such disposition to his children living at her death, with right of representation in their issue, if any. Held, that the widow’s power of appointment by will being unlimited carried the fee, and that her children had no standing to demand partition of the real estate of the testatrix.</p>