47 A.2d 650 | Pa. | 1946
Argued May 27, 1946. Case stated to determine title to property 766-768 Penn Street, Meadville, which plaintiff, Evelyn Norris Nelson, contracted to sell to defendants, Lee Johnson and Pearl Johnson.
Plaintiff's title was derived from her deceased mother, Elizabeth E. Norris, who owned this property at the time of her death and the relevant portion of whose will was as follows: "First. I give and bequeath to my beloved daughter, Evelyn Norris Nelson, all my property, both real and personal, after the payment of all my just debts, to have and to hold during her life time, and to do with as she may see fit at her death."
The court below was of opinion that this provision vested in Mrs. Nelson a fee simple estate. It has been definitely held, however, that the devise of a life estate with power of appointment or disposal at death is not a gift in fee simple:Schoyer v. Kay,
It is thus clear that Mrs. Nelson took only a life estate under her mother's will. But the judgment of the court below must nevertheless be affirmed because of the additional circumstance that Mrs. Norris left neither a spouse nor any descendants her surviving other than Mrs. Nelson, who, therefore, under the intestate laws, succeeded to the title in remainder which was not disposed of by testatrix in her will. Accordingly, whatever was lacking of totality in the title passing by virtue of the devise was supplied by her inheritance as her mother's sole heir, and no other person had, or could have, any right, title or interest in this property. Plaintiff can therefore convey a good and marketable title to defendants.
Judgment affirmed. *515