Naugle v. Irvin
Supreme Court of Pennsylvania
Naugle v. Irvin, 259 Pa. 214 (Pa. 1917)
102 A. 815; 1917 Pa. LEXIS 542
Brown, Frazer, Mestrezat, Stewart, Walling
Naugle v. Irvin
Opinion of the Court
Each of the appellees is of age, and the judgment from which the appellant appealed is affirmed' on the following from the opinion of the court directing it to be entered for want of a sufficient affidavit of defense: “Our study of this will leads us to the conclusion that under the same each of the testator’s two children took a fee simple estate in the one-half of said real estate, defeasible only by death without issue during minority, and indefeasible on arrival at the age of twenty-one.”
Judgment affirmed.
Reference
- Status
- Published
- Syllabus
- Wills — Construction—Devises—Dift in fee — Defeasible gift — Intention. Testator devised his residuary estate, including certain realty, to “my two children (naming them) their heirs and assigns, share and share alike, or each to have one-half.......In case of the death of either child during minority, without issue, then the share of such child dying without issue shall go to and he vested in such surviving child.” The will then provided for a gift over to certain named devisees in case of the death of both children without issue. Held, that each of the testator’s two children took a fee simple estate in one-half of said real estate, defeasible only by death without issue during minority and indefeasible on arrival at the age of twenty-one.