233 Pa. 405 | Pa. | 1912
Opinion by
From the record in this case it appears that plaintiff claims an estate in fee in the land in question, under the will of his grandfather, John McCullough. The latter died February 7, 1883, leaving to survive him his wife, a son William, and a daughter Alice Horton. In his will, after giving to his wife the use and control of the farm during her natural life, he continued, “and at the death of my wife, Cordelia McCullough, the farm is to be and remain the property of my son, William, and his heirs, by complying with this will. That is, my son William shall pay to his sister Alice, intermarried to John T. ■Horton, the sum of $500 within ten years after the death
In his opinion, the trial judge says that he finds nothing in the will to indicate that testator had in mind a definite, rather than indefinite, failure of issue; and he concludes that the expression “If William McCullough has no heir” was equivalent to saying “If William McCullough shall die without issue.” We see no reason to differ with this conclusion. If the two phrases are to be re
Our view is in accord with the conclusion reached by the court below; and the judgment is affirmed.