225 Pa. 626 | Pa. | 1909
Opinion by
In the will of Dr. Smith Fuller, he provided as follows:
“5th. I give and devise to my son William B. Fuller the dwelling house and lot of ground where he now resides, also the vacant lot of ground adjoining thereto and occupied by him situate on South Gallatin Avenue. Also the dwelling house and lot of ground now occupied by my son John M. Fuller, situate on the south side of Fayette street, together with the one-half of the lot of ground on which my office now stands on Fayette street, to have and to hold during his natural life. If he should die leaving surviving him lawful issue, then at his death I direct the same shall go to such issue in equal proportions; but if he should die without lawful issue living, the said devise shall revert and become part of my residuary estate and be sold by my executors and the proceeds distributed as hereinafter provided.” And in the seventh clause he said: “The rest and residue of my estate, personal and real, I give, bequeath and devise to my executors, and direct them to sell the same at public or private sale, and execute deeds therefor. The real estate to be sold within three years from my death. I direct that the money arising from the sale of my personal property and real estate, directed to be sold, shall be distributed as follows: to Harriet R. Anderson four twenty-fourths (A-24); Elizabeth M. Fuller four twenty-fourths (4-24); John M. Fuller four twenty-fourths (A-24); Frank M. Fuller four twenty-fourths (A-24); and William B. Fuller eight twenty-fourths (8-24).”
The testator died March 14, 1892, and his son, William B. Fuller, died June 28, 1895, leaving a widow, but no issue. By his will he devised and bequeathed all his property to his wife absolutely.
The real estate of the decedent in pursuance of the direction in the will, was sold by his executors, including the properties which had been devised to William B. Fuller for life, and upon distribution of the fund arising from such sales
The principle here involved, is the same as that in Riehle’s
The assignments of error are overruled, and the decree of the court below is affirmed.