Orphans' Home & Asylum for the Aged v. Women's Pennsylvania Society for Prevention of Cruelty to Animals

Opinion by

Mr. Chief Justice Moschzisker,

The question for decision is, Did Emily S. Royal take a life estate or a fee in premises at the southeast corner of Germantown Avenue and Meehan Avenue, Philadelphia, disposed of by the will of her husband, William C. Royal, who died in 1900 ? If she had a fee, plaintiff is entitled to judgment; but if she had only a life estate, defendant is so entitled.

Plaintiff is the devisee of the property in controversy from Mrs. Royal, who, after electing to take under the *435will of her deceased husband, died testate in 1922. Defendant is the residuary devisee…