Bechtel, Exr. v. Fetter

Citations

• 267 Pa. 173
• 111 A. 50
• 1920 Pa. LEXIS 831

Syllabus

<p>Wills — Gonstruciion—Intent • — ■ Technical rules • — • Precedents — Gift of income of land — Gift of principal.</p> <p>1. It is the intention of a testator that must govern, if that can be satisfactorily derived from the language used. This is the first test to be applied, and until that has failed, nothing can be gained by the application of artificial and technical rules; nor will it aid in searching for the intention, to have recourse to precedents, since each will is its own best interpreter, and the construction of one is no certain guide as to the meaning of another.</p> <p>2. The rule that a gift of income or profits of land will carry an absolute estate in the principal, was never intended as an aid to develop the intention of the testator, but only to supply a legal intendment when, from the will itself, no inconsistent or contrary intention can be derived. If the intent clearly appears to carry the corpus or principal over to others, the words of the will must be permitted to have their proper force.</p> <p>3. Where a testatrix, leaving to survive her a son with children, and a grandson, a child of a deceased son, directs that the grandson shall receive $5 out of her personal estate, and gives her son the remainder of her personal estate, and further directs that her real estate shall not be sold during the lifetime of her son, but that the rents and profits shall go to the son, who is given power to lease and collect rents from the same, and is directed to pay the grandson $8 per month from such income as long as the son lives, and when the son dies the grandson “shall receive the same as one of the heirs of my son, that is share and share alike; and if my grandson dies without heirs, then his share shall fall back to my son or his heirs after the death of my son,” and by codicil she directs that the grandson shall have no part of her estate except the $5 given him by the will, the son takes a life estate only, and not a fee in the real estate of whic