1977

the widow (or husband), or child or children after-born, shall be
deemed and construed to die intestate' Act of 1921, P. L. 937, and
Purd., 5135. Title searchers will frequently require proof that a tes-
tator had no children born to him between the date of his will and the
8 s°E**20F89*1? so
date of his death (or nine months after his death). The careful scriv-
ener, to avoid this uncertainty, will insert in his client's will a clause
"to provide for" possible after-born children—perhaps a gift "of
$1.00 to each child that may hereafter be born unto me." Compare
Sec. 298, supra.

A will of a married woman is revocable in the sense that her husband may take his curtesy notwithstanding or may "take against" the will as explained above in Sections 294, 89.

A man's will may dissatisfy his wife with the result that she "take against" it. See supra, Sections 292, 91, 100.

may

SECTION 528. The construction of a will is subject to many "rules"
which will be discussed in orphans' Court Practice. There are cer-
tain statutory rules found in Purdon, at page 5137, et seq. and reiterat-
ed in the "codes" of 1917. By Act of 1833, Sec. 9, "the whole estate
of the testator in the premises devised" passes, unless there is a pro-
vision to the contrary: Sec. 58, supra. By Sec. 10 of the Act, afterdzenia
acquired property passes in the absence of manifest intention to the
contrary. By Sec. 11, a devise or bequest to a wife shall be deemed
in lieu and bar of her dower (statutory) except that she may "take
against the will: Sec. 91, supro. By Sec. 12, a devise to a lineal
descendant shall not lapse by his death if he left issue mor (by Act ****
of 1897) shall one to a brother or sister lapse if the decedent left no
lineal descendants and the brother or sister did. By the Act of 1879,
will speaks as of the date of the testator's death. By Act of 1879,
a lapsed devise passes to the residuary estate. By Act of 1879, a
devise by a donee of a "power" is deemed an execution of the power.
The Act of 1897 construes the words "die without issue, etc., to
mean a definite failure of issue as explained above, Sec. 68. Com-
pare Sec. 209, supra, in re "Rule in Shelley's Case. Compare Sec.
219 in re "Rule against Perpetuities."

Begin

ABSTRACTS OF TITLE, SETTLEMENT CERTIFICATES
AND TITLE INSURANCE

SECTION 529. You may make your own abstract of title but in doing so remember that your client may bring suit against you for negligence in failing to note encumbrances, adverse conveyances, etc. Compare Bodine vs. Wayne Title Company, 33 Superior, 68; Fochrenbach vs. Title Company, 217 Pa., 331; Watson vs. Muirhead, 57 Pa., 161.

ally liable for neg he is not an insures

chain

marriage

SECTION 530. An abstract should show a “chain of title" from the Commonwealth to the present owner, any adverse conveyances, a ist of mortgages, a list of judgments and recognizances indexed in the proper courts--common pleas, criminal, orphans', federal, appellate-a plat or map of the land, a list of tax assessments, a reference to municipal records of streets and street improvements. See Fallon on Penna. Law of Conveyancing, Sec. 452, et seq. There may be many things de hors the records which would invalidate the title. Deeds may be forgeries, supposed bachelors may be married men, or spinsters married women, testators may have left after-born children or may have married after executing their wills, supposedly dead men may be alive to repudiate sales made by their pseudo heirs, adverse possession may have ripened into complete and valid adverse title, anrecorded condemnations may have been consummated, possession of an occupant may be sufficient to afford constructive notice of an equitable title, visible "easements" may impose servitudes, surveys may be inaccurate, judicial sales may have been fraudulently instigated or conducted without due process of law notwithstanding the face of a record, there may have been confusion of names or identities, apparently competent parties may have been minors or lunatics or under duress, etc. These and many other matters may not appear upon the abstract and, as a general rule, an abstractor is not legally responsible for resulting invalidity. Perhaps he should make an inspection of the premises. Compare Fallon on Conveyancing, Sec. 494.

SECTION 531. Having made or secured an abstract of title an attorney or conveyancer may "pass" title, or "refuse" title for his client. He will construe wills, conveyances, etc., determine upon the efficacy of judgments, legal proceedings, etc., to ascertain the marketability of the title. If you have been negligent in this and your client

224

Failme to state in and that grantor single man.