Appeal of Howe

Citations

• 126 Pa. 233
• 17 A. 588
• 1889 Pa. LEXIS 862

Syllabus

<p>1. In ascertaining the intention of a testator, the words he has chosen must be read according to their plain and ordinary meaning, and the interpretation nmst be in conformity with-the meaning of the words, rather than with some supposed meaning of the testator.</p> <p>2. While it is to be presumed that a testator does not intend to die intestate, yet an heir can be disinherited only by an express devise, or by a necessary implication of such strong probability that an intention to the contrary cannot he supposed.</p> <p>(a) A last will provided: “After the payment of all my just debts and funeral expenses, 1 do order that all my property consisting of bonds and mortgages, ground-rents, stocks and personal effects in the state of Pennsylvania, be sold,” the proceeds to be divided among certain legatees.</p> <p>3. There being no ambiguity in the language employed, there was no occasion to resort to interpretation ; and, under the plain meaning of the words, the testator’s real estate in Pennsylvania did not pass by the foregoing provisions 01 his will: Baker’s App., 115 Pa. 590.</p>