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Syllabus

Will — Devise — Life estate — Issue — Buie in Shelley's Case — Act of April 27, 1855. Testator directed as follows: “ I direct that my son shall have for his own use and occupancy during the period of his life my home farm, on which I now reside, situate on the Springhouse and Hilltown turnpike, near Montgomery Square, together with all the stock and appurtenances, the farm to be maintained in its present state of fertility and repair by my said son, and at his death the use and occupancy to be continued to his issue, if he shall so have, and if none then to the next of kin and so on as long as the laws of this commonwealth will permit.” Held, that the will gave a life estate to the son, and after his death an estate in fee to the son’s issue, and, in default of such issue, to the next of kin; and that by the operation of the rule in Shelley’s Case and the act of April 27, 1855, P. L. 868, the son took an estate in fee.