Benson's Estate

Citations

• 169 Pa. 602
• 32 A. 654
• 1895 Pa. LEXIS 1135

Syllabus

<p>Rule of construction — Will—Bequest of library — Class of legatees.</p> <p>Testator directed as follows: “ My law books to be taken charge of by H. H. Benson and to be divided among my nephews who may read law, not to be sold, never, rather to be burned.” Two of testator’s nephews, James and Davis, were admitted to the bar subsequent to the date of testator’s will, and prior to his death. Paul was a student of law at the time of testator’s death, and was subsequently admitted to the bar. Isaac was a student of law at the time of testator’s death, and read law for a year or more, but subsequently engaged in another business, and apparently abandoned his intention to be admitted to the bar. Held, that James, Davis and Paul were entitled to testator’s library.</p> <p>“ To read law ” means to take up the study of the law with the purpose of being admitted to the bar and practicing the profession.</p> <p>The rule that a will speaks from the time of the testator’s death must, like all rules of construction, yield to a manifest intention to the contrary.</p>