Gwillym v. De Lauritis

Superior Court of Pennsylvania

Gwillym v. De Lauritis

34 A.2d 321, 153 Pa. Super. 571, 1943 Pa. Super. LEXIS 112

Superior Court of Pennsylvania·Decided November 8, 1943·No. Appeal, 203·Published

Opinion

Per Curiam,

This case is governed by the construction to be given the following clause of Harry Gwillym’s will:

“In case of death everything I own or have a part in goes to Margaret Gwillym to have and to hold until death”.

If the clause had read, “In case of death everything I own or have a part in goes to Margaret Gwillym to have and to hold during the term of her natural life”, it certainly would have passed only a life estate in the testator’s realty.

*572 We think the limitation, “until death”, is the equivalent of “during the term of her natural life”. No other construction can reasonably be made.

Judgment affirmed.

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Per Curiam,

This case is governed by the construction to be given the following clause of Harry Gwillym’s will:

“In case of death everything I own or have a part in goes to Margaret Gwillym to have and to hold until death”.

If the clause had read, “In case of death everything I own or have a part in goes to Margaret Gwillym to have and to hold during the term of her natural life”, it certainly would have passed only a life estate in the testator’s realty.

*572 We think the limitation, “until death”, is the equivalent of “during the term of her natural life”. No other construction can reasonably be made.

Judgment affirmed.

Gwillym v. De Lauritis, 34 A.2d 321, 153 Pa. Super. 571, 1943 Pa. Super. LEXIS 112 (Pa. Ct. App. 1943).

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