Appeal of Dunlap

Citations

• 116 Pa. 500
• 19 W.N.C. 524
• 9 A. 936
• 1887 Pa. LEXIS 416

Syllabus

<p>The will of a testator began: “ First After all my lawful debts are- paid and discharged the residue of my estate both real and personal. I give •and bequeath as follows to wit: ” After certain devises and bequests,, the will concluded its dispositions thus: “ None of my Money is to go back further than My Brothers and Sisters Children. Except the: ($200.00) I left to Sarah Cooper. My Nephew William Smith is to have $500.00 More than the rest of My Neices and Nephews.” Held,,</p> <p>1. That subject to the payment of the legacies and the exclusion of the-kindred excepted from the benefits of the will, the estate is to be distributed according to the method of the intestate laws.</p> <p>2. That where a man gives by will the whole or a part of his estate to his next of kin, and leaves the proportions doubtful, it is proper to assume he had in mind the statutory method of distribution, and to interpret the will accordingly.</p> <p>'3. That an implication which would disinherit the nearest relative, must be equivalent to an expression that would exclude an heir in favor of others of more remote degree.</p>