Evans v. Smith
Evans v. Smith
Opinion of the Court
Opinion by
We think it quite clear that every clause of this will which is supposed to limit or restrain the effect of the devise in fee simple to the wife of the testator, has been considered and adjudged in the numerous decisions we have heretofore made. In Jauretche v. Proctor, 48 Pa. 466, which is the leading case, the words of the third and fourth articles of the will, were much more restrictive than anjr of the words in the will we are considering. The words of the third article in that case were an
Judgment affirmed.
Reference
- Full Case Name
- Henry Evans v. William E. Smith
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- Will—Devise—Limitation wpon alienation. Testator directed as follows: “I give and bequeath unto my wife all my estate both personal, real and mixed in fee simple to own, use, enjoy and dispose of the same as she may deem proper and right, the same as I might or could do if living. ... I further hereby order and direct that whatever real estate that may not be sold or disposed of by my said wife in her lifetime that the same shall as soon as conveniently be done after her death, sold and converted into money. ... I give and bequeath to my three children, Rachel, Margaret and David, the residue of my said estate after the death of my said wife, and after the bequest to my said grandson, Henry Evans, to be divided into three shares,” etc. Reid, that the widow took an absolute estate in fee simple in testator’s lands.