217 Pa. 358 | Pa. | 1907
It may be conceded that a devise of realty in the words of this testatrix’s will would create a fee. But this is under the rule in Shelly’s case, which has become a rale of property, and operates without regard to the donor’s intent, and generally to defeat it. But the cardinal rule which dominates all others
The present case is much stronger than Ritter’s Estate, and comes exactly within Bentley v. Kauffman. The testatrix made no gift to her son of anything but the interest of the snm named, limited even that expressly to his life, directed that the principal should be charged on her farm during his life and that at his death it should be paid to his heirs. It is difficult to see how she could have made her intention plainer.
Decree affirmed.