171 A. 894 | Pa. | 1934
Argued March 27, 1934. This is an action in ejectment for fifty acres of land. Judgment was entered on the pleadings, in favor of defendant. The property in controversy was owned by William Crawford, who died August 20, 1888, leaving a will which provided, inter alia, as follows: "I direct that my wife Mary Crawford shall have all the property both real and personal that I shall own at my decease and after my debts are all paid my wife Mary Crawford shall have the one third of the proceeds of the whole farm during her natural life, and the house we occupy at this time shall be her home during her natural life. I give and bequeath to my son John A. Crawford Fifty acres where the home now is. And I direct that the said John A. Crawford shall have the management and the supervision of the whole farm during the lifetime of my wife Mary Crawford and further that he shall pay all honest debts remaining unpaid at my death. And the two thirds of the proceeds of the whole farm after my wife Mary Crawford shall have her one third shall be divided equally among my children after debts are paid. *499 And I direct that my son John A. Crawford shall pay the one third of all legacies hereafter mentioned. And I give and bequeath to my son William H. Crawford the one half of the remaining part of my farm and that portion of it lying East of the Thompsonville road making the line that if one should have more ground the other whichever he can pay the other for it. And I also direct that the said William H. Crawford shall pay one third of the legacies. And I give and bequeath to my son Joseph B. Crawford the remaining half of my farm lying West of the Thompsonville road. And I also direct the said Joseph B. Crawford shall pay the one third of the legacies. . . . . . . And I further direct that if any of my before mentioned children shall die without children their portion shall revert to the other heirs. Provided always that if any of my sons should die without natural heirs his widow should have his portion while she remains his widow."
Mary Crawford, the widow of William Crawford, died, leaving surviving the three sons to whom the real estate was devised. William H. Crawford died November 18, 1930, leaving a widow and issue, and John A. Crawford died March 22, 1931, and Joseph B. Crawford is still living. John A. Crawford died without issue, his wife having predeceased him, and by his will devised his real estate to William W. Withrow, the defendant herein.
The question in this case is whether or not John A. Crawford took a fee simple estate to the fifty acres of land mentioned in this will. The testamentary provision quoted was given painstaking consideration by the court below and we are satisfied that a correct conclusion was reached. Judge HUGHES speaking for the court aptly said: "Where there has been an absolute gift of a thing, later words in the same instrument will not operate to reduce the estate thus given, unless it is reasonably certain that such was the intention of the donor: Robinson's Est.,
"The testator said that 'if any of my children shall die without children, their portion shall revert to the other heirs,' and immediately thereafter provided that, 'if any of my sons should die without natural heirs, his widow shall have his portion while she remains his widow.' The testator was using the words 'children,' 'heirs' and 'natural heirs' interchangeably. Natural heirs are lineal descendants, heirs begotten of the body and as used in a will and by way of executory devise, these terms are to be considered as of the same legal import as 'heirs of the body': 29 C. J. 344, section 43. It is the apparent intention of the testator to limit the estate to the lineal heirs of issue: Vilsack's Est.,
"The fair construction of this will is to hold that the intention of the testator was that his son should inherit this estate subject to certain charges against the real estate; and that the language of the will indicates that the testator intended legacies to be paid, knowing that his personal estate would be insufficient for that purpose; or if it appear that in giving legacies he had the real estate in mind, they will constitute a charge thereon, although it be devised: Duvall's Est.,
The judgment is affirmed. *502