Thewlis v. Fenton

Citations

• 224 Pa. 25
• 73 A. 184
• 1909 Pa. LEXIS 720

Syllabus

<p>Will — Devise—Description of real estate.</p> <p>Testator by deed acquired in 1869 two lots of ground, one fronting on A street and the other on B street. These lots were adjacent, and formed an L. In 1871, testator acquired another lot on A street adjacent to the first lot on A street, and extending in depth to the B street lot. In 1878 testator made his will by which he charged the payment of an annuity for his mother upon “the two properties on the southwest side of A street conveyed to me ” in 1869 and 1871. In another clause he gave to his wife for~life “my two properties hereinbefore mentioned,” subject to the annuity for his mother. By another clause he gave and devised to his daughter and his adopted daughter “my said two before mentioned properties,” after the termination of the wife's life estate. At the time the will was made a building was erected on the B street lot, and two on the A street lots. These two buildings were immediately contiguous to each other, and both of them extended over on the B street lot two feet and two inches. Held, that testator intended to charge all three of the lots with the annuity to his mother, and to devise them as one property to his daughter and his adopted daughter.</p>