Wettach v. Horn

Citations

• 201 Pa. 201
• 50 A. 1001
• 1902 Pa. LEXIS 805

Syllabus

<p>Will—Conclusiveness of probate—Ejectment—Acts of April 22, 1856, P. L. 533, and June 25, 1895, P. L. 805.</p> <p>Where an action of ejectment is brought more than three years after the probate of a will, no question which the register of wills had jurisdiction to pass upon when he entered the decree of probate, can be inquired into in the trial of the ejectment.</p> <p>Will—Devise—Lapsing of devise—Illegitimates—Acts of April 8, 1833, P.L. 250, May 6, 1844, P. L. 565, and July 12, 1897, P. L. 256.</p> <p>Where a testator by a will probated prior to the passage of the Act of July 12, 1897, P. L. 256, devises land to an illegitimate and her heirs, and the devisee who was a natural child of a sister of the testator dies before the testator, the devise lapses; but if the other provisions of the will and the circumstances surrounding its execution show that the testator used the words “her heirs ” in the sense of “children,” the children of the devisee will be entitled to the land.</p>