Throckmorton v. Thompson

Citations

• 34 Pa. Super. 214
• 1907 Pa. Super. LEXIS 109

Syllabus

<p>Wills — Construction of — Devise—Fee simple — Estates—Life estate— Rules of construction.</p> <p>When a devise is of a fee absolute in the first instance, and the gift is immediate, words of survivorship will be referred to the death of testator, and not to death generally, whenever it may happen.</p> <p>The construction of a will will be in favor of the first rather than of the second taker, of an absolute or vested estate, rather than of a defeasible or contingent one, of a general or primary intent, rather than of a particular or secondary one.</p> <p>After directing that his personal property be sold for the payment of his debts and if that be insufficient for the purpose that his land be rented until his debts are paid, testator devised as follows: “then the land to be divided between my three children my son George to have the Loar farm that I now live on by keeping me while I live and pay my funeral expenses, and my two daughters Elizabeth S. and Louie to have the upper farm share and share alike, and if my daughter Louie dies without any living children her share to be paid back to all my grandchildren, Elizabeth's and George's children, share and share alike.” Held, that the daughter Louie took an estate in fee in the land devised to her.</p>