Ault v. Karch
Ault v. Karch
Opinion of the Court
Opinion by
The testatrix devised her real estate to her three daughters with the proviso that none should alien without the written consent of the others. In the final clause of her will she pro
There is nothing in the general scheme of the will or in the words used that indicates an intention to cut down, the estate given to a life estate, and to take it out of the rule that a devise of a fee simple absolute in the first instance will not be reduced to an estate for life unless the intention to do so is clear, and that, where there is a plain devise of a fee simple to take effect immediately in possession, a devise over in case of the death of the first taker does not mean death generally whenever it may happen, but death in the lifetime of the testator : Biddle’s Estate, 28 Pa. 59 ; Mickley’s Appeal, 92 Pa. 514 ; Stevenson v. Fox, 125 Pa. 568 ; Mitchell v. Railway Co., 165 Pa. 645 ; Richards v. Bentz, 212 Pa. 93.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.