Cooper v. Leaman

Supreme Court of Pennsylvania
Cooper v. Leaman, 212 Pa. 564 (Pa. 1905)
61 A. 1106
Brown, Cueiam, Elkin, Fell, Mitchell, Pee, Potter

Cooper v. Leaman

Opinion of the Court

Pee, Cueiam,

Testatrix devised the land to her daughter in fee, but added in the next clause of the will: “ And in the event my daughter, Lizzie, should die single, unmarrited and without issue, it is my will and I hereby give, bequeath and devise all my said estate, real and personal, as aforesaid, unto my dear beloved mother and to her heirs.”

The contingency has not happened, for the daughter is married and has had children, though there are none now living. Under our cases the testatrix by such clause is presumed to mean the death of the devisee during her own lifetime: Morrison v. Truby, 145 Pa. 540.

But even if that rule of construction should not be invoked and the plaintiff surviving her husband should die without having other children, so that the devise over should still be held effective, plaintiff under it, by the death of her grandmother, has now a vested remainder in fee. Her deed, therefore, will pass her present estate, whatever it be, and a remainder in fee, to the grantee.

Judgment affirmed.

Reference

Status
Published
Syllabus
Will—Vested and contingent remainder—Estate in fee—Marketable title. Testatrix devised land to her daughter in fee, but added in the next clause of the will, “ And in the event my daughter should die single, unmarried and without issue, it is my will and I hereby give, bequeath and devise all my said estate, real and personal, as aforesaid, unto my dear beloved mother and to her heirs.” The daughter, after the death of the grandmother, whose sole heir she was, and after the death of two children whom she had had, contracted to sell the land to another. Held, that she had an estate in fee simple and could make a good marketable title.