Appeal of Reichard

Citations

• 116 Pa. 232
• 9 A. 311
• 1887 Pa. LEXIS 385

Syllabus

<p>1. A codicil should not be held to interfere with any of .the specific provis- ' ions of a will, unless its language naturally and obviously produce such result, or the terms of the codicil expressly recognize the alteration ; or to disturb the dispositions of the will further than is absolutely necessary for the purpose of giving effect to the codicil.</p> <p>A testator by his will devised and bequeathed one sixth part of his residnary estate to trustees in trust to pay the income to his daughter for life and on her death to pay said income to the child or children of his said daughter, who should be living at the time of her death, and the issue of any deceased child or children, until they reached respectively their majority, when their respective shares were to be paid over to them. By a codicil the testator provided: 1 ‘ Item (D), paragraph eight, wherein by my will I have directed my executors to collect and receive the annual income and profit arising out of the one sixth part of my estate, and to pay over the same.....to my daughter Helena, for and during the period of her natural life, is hereby'revoked. And instead thereof my said executors.....are hereby directed to pay to my said daughter.....as soon after my death as they conveniently can the sum of $2,000 ; ” Held,</p> <p>2. That this codicil revoked simply the provision-of the will made for the daughter, without disturbing those made for her children or their issue; that the testator had died intestate as to the income of the one sixth of nis residuary estate during the life of his daughter, which income for that period was payable to his heirs, and that the interest of the daughter’s children was not vested at the testator’s death, but contingent on their surviving their mother.</p>