Reutter v. McCall

Supreme Court of Pennsylvania May 24, 1899

Reutter v. McCall, 192 Pa. 77 (Pa. 1899)

43 A. 398; 1899 Pa. LEXIS 882

Cueiam, Dean, Green, McCollum, Mitchell, Pell

Opinion of the Court

Pee Cueiam,

There is no possible doubt, under all the authorities, that John Reutter took an estate in fee under the will of his father in the land in question. The question presented is only an ordinary instance of the direct application of the rule in Shelley’s case. The whole subject was so fully discussed in the opinion of the lower court in the case of Grimes v. Shirk, 169 Pa. 74, that a mere reference thereto is sufficient.

Judgment affirmed.

Reference

Full Case Name: John Reutter, by his attorney in fact, James St. Clair McCall v. Samuel K. McCall
Cited By: 2 cases
Status: Published
Syllabus: Will—Rule in Shelley's case—Devise. Testator after giving a life estate to his wife directed as follows: “ And after her death or marriage to my legal heir during his natural life, and after his death, to his heirs and assigns forever.” Testator left one child, a son. Held, that under the rule in Shelley’s case, the son took an estate in fee simple.