Yost v. McKee

Citations

• 179 Pa. 381
• 36 A. 317
• 1897 Pa. LEXIS 649

Syllabus

<p>Arbitration — Revocable agreement — Arbitrators not named.</p> <p>Where an agreement to arbitrate does not provide for submitting matters of dispute to any particular person or tribunal named, but to one or more persons to be eventually chosen by the parties, it is revocable by either party.</p> <p>Insurance — Fire insurance — Provision as to ownership.</p> <p>The conditions of a policy of fire insurance as to the ownership of the property insured are to be understood, not in their technical sense, but as requiring that the insured be the actual and substantial owner.</p> <p>Will — Revise—Fee—Limited restriction on alienation.</p> <p>A policy of fire insurance provided that the interest of the insured in the property should be that of “unconditional and sole ownership.” The insured acquired the property by devise “ to be his forever for his own proper use” subject only to a restriction of alienation until he attained the age of thirty years. Held, that the insured was an owner within the meaning of the policy.</p> <p>Testator devised to the insured a homestead. This was followed in the will by gifts of annuities to the brothers, sisters and children of the testator, and by the appointment of executors. Testator then directed as follows: “ On the death'of my heirs herein named all property and bank stock to be sold and divided among all the heirs. Should my grandson, J., (the insured) die before he is thirty without leaving any heirs his estate to be divided pro rata among the heirs.” Held, (1) that by the words “ my heirs herein named ” testator meant the annuitants, and that “ all the heirs” included the grandson ; (2) that the words “ all property and bank stock” did not include the homestead previously devised in fee; (3) that the grandson took an estate in fee in the homestead.</p> <p>Will — Revise of fee — Cutting down estate.</p> <p>Where there is a clear gift in a will it cannot afterwards be cut down, except by something which with reasonable certainty in