187 Pa. 362 | Pa. | 1898
Opinion by
The question presented by the case stated must be determined by the construction of the will of Ruth Roberts under which Sarah Jane Lewis, a daughter of the testatrix, claims to have a title in fee simple to an undivided one third of the land described therein. The claim is based on the fourth item of the will in which the testatrix devised said land, subject to her husband’s life estate in it, to her daughters Susanna Ann, Mary Elizabeth and Sarah Jane “ during their lives, to be equally divided between them under the condition that they shall hold the same exclusively and free from all control of their husbands or any one of them; said property to descend and be inherited by said daughters’ children and their heirs forever.” What interest or estate in the land passed to or was vested in the daughters of the testatrix by her will? Was it anything more than a life estate ? We think not. The land was devised to the daughters for their use “ during their lives.” This view
It should be noted also that the life estate is devised to the daughters “under the condition that they shall hold the same exclusively and free from all control of their husbands or any of them.” What is the effect of this condition or provision in the fourth item of the will upon their title or interest in the land devised to them as aforesaid? Does it not create a separate use trust which prevents alienation of the estate during
We find nothing in the will which conflicts with the intent of the testatrix as expressed in the fourth item of it.
Judgment affirmed.