Rea v. Bell
Supreme Court of Pennsylvania
Rea v. Bell, 147 Pa. 118 (Pa. 1892)
23 A. 349; 1892 Pa. LEXIS 793
Geeen, Mitchell, Paxson, Steeeett, Williams
Rea v. Bell
Opinion of the Court
We are of the opinion that John Rea, the plaintiff, took an estate in fee-simple to the real estate in controversy, under the will of his father, Henry Rea, Sr. The devise is to John Rea, “his heirs and assigns, forever.” The fee thus given is not cut down by what immediately follows. The greatest effect that can be given to the subsequent language of the will, is that it is in restraint of alienation, and, under all the authorities, void.
Judgment affirmed. C.
Reference
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- Syllabus
- Will — Power—Restraint on alienation — Pee-simple. Real estate was devised to a sonin fee-simple, “with, full power at any time during his life to ... . convey the same in fee-simple ” to another son; “ and in case of his failure” so to convey, “ then after his death,” over: Held that, the first devisee took an estate in fee-simple, not cut down by the provisions following.