Alburger's Estate

Citations

• 274 Pa. 10
• 117 A. 450

Syllabus

<p>Wills — Posthumous grandchild — Revocation of will — Presumption overcome by time — Act of April 8,1888, P. L.</p> <p>1. The posthumous birth of a grandchild of a decedent after the death of her father, the only child of the decedent, does not operate as a revocation of decedent’s will executed prior to the birth of the grandchild, but after her father’s death, and in which no provision is made for after-born issue.</p> <p>2. The word “child” in section 15 of the Act of April 8, 1833, R. L. 249, does not refer to a grandchild, but has in mind the actual birth of a child of the testator himself,</p> <p>3. The statute being in derogation of testator’s testamentary right, must be construed according to its terms, and not enlarged to include issue not intended.</p> <p>4. Where a testator lives nine and one half years after a grandchild is born, such length of time will overcome a presumption, even if it existed, that the testator intended, from the changed circumstances, to alter his will.</p>