Bortner's Estate

Citations

• 43 Pa. Super. 429
• 1910 Pa. Super. LEXIS 66

Syllabus

<p>WiUs — Construction—Life estate — Bond—Heir at law — Disinheriting heir — Acts of May 17,1871, P. L. 169, February 24,1884, P• L- 70, and April 17,1869, P. L. 70.</p> <p>1. An heir can only be disinherited by express devise or necessary implication, and that implication is such a strong probability that an intention to the contrary cannot be supposed.</p> <p>2. Where a testator gives a portion of his estate to a daughter on condition that the daughter shall “enter into a bond” conditioned that if she shall die without issue her share shall be distributed among testator’s children or legal representatives, the daughter’s refusal to execute a bond with surety when she offers to execute her individual bond, is no ground for excluding her from her bequest under the will.</p>