Bentz's Estate

Citations

• 221 Pa. 380
• 70 A. 788
• 1908 Pa. LEXIS 492

Syllabus

<p>Wills — Construction—Intention—Distribution.</p> <p>Testator by his will bequeathed one full share of the residue of his estate which was personalty to each of his four sisters, two brothers, and his niece. He then gave one-half of a full share to five of the eight children of a deceased brother, specifically naming the five children. He then declared that the estates given to two of his brothers, one of his sisters and his niece, should be for life only. He directed that after the death of the sister to whom a life estate was given, her share should “revert to her sisters and brothers here mentioned, or to their heirs.” Held, that such share after the death of the sister should be distributed to the sisters and brothers named in the will to the exclusion of the niece, and that all of the children of the deceased brother should share in one full share as representing their deceased father.</p> <p>In such a case the three children of the deceased brother are . his “surviving issue” within the meaning of the Act of May 6, 1844, P. L. 564, and there can be no discrimination against them in favor of the other five children.</p>