Anderson's Estate

Citations

• 243 Pa. 34
• 89 A. 306
• 1914 Pa. LEXIS 572

Syllabus

<p>Wills — Codicils—Void gifts — Construction—Intention — Intestacy — Act of April 26,1855, P. L. 828.</p> <p>1. A codicil cutting down an absolute estate, given in a prior codicil, to a life estate will revoke the prior codicil, although by reason of the defective execution of the later codicil a gift over to a charitable use contained therein cannot take effect.</p> <p>2. A codicil creating an estate for life, with remainder to a charitable use, will be valid as to the life estate but- void as to the charitable use, where the codicil has not been attested by two credible witnesses as required by the Act of April 26, 1855, P. L. 328.</p> <p>31 Where a gift to a charitable use contained in a codicil is void by reason of the- defective execution thereof and the will contains no residuary clause, the fund intended to be given to the charitable use will go to the persons entitled under the intestate laws as provided by the Act of April .26, 1855, P. L. 328.</p> <p>. 4. The general canon of construction that words of survivorship in a will refer to the death of the testator, is not a hard and fast rule that cannot be changed by the instrument itself. It must always be subject to the intention of the testator as disclosed by the language of the will, and words of survivorship will relate to the death of the life tenant instead of the death of the testator, if such intent is clear from the will itself.</p> <p>, , 5. Testator by will divided his property into six equal shares among his children and the children of a deceased child and by codicil nineteen days before the death of George, one of his sons, directed that “George’s share as above created shall be divided as follows: one-fourth to Anna, one-fourth to Hattie, and one-half to William. This is George’s wish.” After the death of George, testator, .by codicil, provided, “As respects George’s share,. as stated in' codicil N°- 1> it shall be divided between Anna, Hattie and William. The share of any deceased one shall