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· 10/22/1919

Weister v. Young

Citations

  • 265 Pa. 393
  • 109 A. 155
  • 1919 Pa. LEXIS 565

Syllabus

<p>Wills — Devise—Estate in fee simple — Death in lifetime of testatrix.</p> <p>1. Two brothers to whom their mother devised land, take a fee simple title therein where the language of the devise is as follows: “I give and bequeath to my sons......all my real estate. At the death of either son the surviving son is to become sole heir. At the death of both sons, if either have any heirs, share and share alike.”</p> <p>2. In such a ease the sons took an absolute estate under the first sentence of the quoted clause, and this without regard to anything contained in the second and third sentences.</p>

Judges: Brown, Frazer, Kephart, Simpson, Stewart, Walling

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