226 Pa. 607 | Pa. | 1910
Opinion by
The case turns on the devise contained in the will of Philip Bender made March 13, 1895, and probated November 25, 1896. Testator gave; first, to his wife a life estate in all his property. Then, following a description of the particular premises here in dispute, he directed as follows, “House and lot to go to Johannes Bender or his children.” Johannes was a son of the testator, and the plaintiff in the action below is a son of Johannes, by a first wife. Testator’s widow died in 1904, Johannes surviving. The latter died October 23, 1905. By his last will duly probated he devised the lot in dispute 'to the defendant, who was his second wife. This sufficiently indicates the status of each of the several parties to the controversy. Philip Bender, whose will we are considering, left two daughters, both married, and three sons also married. He devised to each, in one form or another, a specific piece of property. The devise to each daughter was to her individually, unaccompanied by any words indicating that anything short of an absolute estate was intended by the gift. The several devises to the sons were alike in form, but differed