Appeal, No. 206, Jan. T., 1899, by defendant, from judgment of C. P. York Co., Aug. T., 1899, No. 11, on case stated.

Case stated to determine whether John Reutter had a marketable title for certain real estate which he took under the will of his father, John Reutter, Sr.

From the case stated it appeared that John Reutter (father of the plaintiff above named) late of Windsor township, York county, Pennsylvania, died seized in fee simple, inter alia, of the premises hereinafter referred to, and, being so seized, made his said will and testament in writing, since his death duly probated and remaining of record in the office of the register of wills for York county, which will is in words following, to wit:

“ I, John Reutter, of Windsor township, in the county of York, and state of Pennsylvania, being of sound mind, memory and understanding, do make and publish this my last will and testament, hereby revoking and making void all former wills by me at any time heretofore made.

“ First. I direct all my just debts and funeral expenses to be fully paid and satisfied as soon as conveniently may be after my decease.

“ Item. I give and bequeath to my beloved wife, Catherine Reutter, all my estate, personal, real and mixed of whatsoever kind, to have and to hold during her natural life or so long as she remains my widow, and after her death or marriage to my legal heir during his natural life, and after his death, to his heirs and assigns forever.

“And lastly, I nominate, constitute and appoint my son John Reutter to be the executor of this my last will and testament.

“ In witness whereof, I, John Reutter, the testator, have to this my last will and testament set my hand and seal this twenty-first day of June, A. D., one thousand, eight hundred and sixty-seven.

his

“John x Reutter.”

Letters testamentary upon the foregoing will were in due form of law granted to John Reutter, the executor therein named on February 24, 1868.

John Reutter, the testator, left to survive him only his widow, Catherine Reutter, and his son, John Reutter, the plaintiff above named. Catherine Reutter did not marry again after the death of John Reutter, her husband, but died intestate many years ago; John Reutter, the testator, never married any one other than the said Catherine Reutter. Children, other than John Reutter, the above named plaintiff, had been born to the said testator, but all had died in infancy, unmarried and without issue, previous to the execution of the will above recited.

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