236 Pa. 369 | Pa. | 1912
Opinion by
This is an action of ejectment for an undivided one-fifth interest in a tract of land in Blair County. The title depends upon the construction to be given the will of David Caldwell, deceased. The controversy arises under the residuary clause by which the testator gave a one-fifth interest in the residue of his estate to the trustee of his daughter Frances, for her use, and the land in controversy passed under this devise. He then appointed a trustee for this daughter, “with full power to sell and receive moneys, retain and pay to her her portion of my estate in accordance with this will, and as he may think best, also to have power to sell real estate and make deeds for the same.” This was followed by another clause which provides: “After the death of my daughter Frances, I direct that whatever, remains of real estate or personal property be divided equally between the children of my son John, share and
Judgment affirmed.