Brackbill's Estate

Citations

• 56 Pa. Super. 71
• 1914 Pa. Super. LEXIS 44

Syllabus

<p>Wills — Codicil—Construction—Nephews and nieces — Distribution:</p> <p>1. Testator by his will directed that the residue of his estate should be “distributed to and among all my nephews and nieces per capita.” By a codicil he directed as follows: “In the distribution of my estate, it is my desire and wish, and I so order and direct that it shall be governed by the intestate laws of the State of Pennsylvania excepting and excluding however, from any participation therein the following named persons.” Then followed the names of two nieces, children of a living brother named, and “all the children” without naming them, of a deceased brother, naming him, excepting one son, named. The deceased had five brothers; only one of whom survived him, but all the deceased brothers left children surviving, and living at the death of the testator. He also had a sister who survived him with five children living at his death. Held, that the estate was to be distributed per capita in accordance with the will with the nieces and nephews mentioned in the codicil excluded,</p> <p>2. Where a clear intention is expressed in a will, such intention is not to be set aside by a codicil, except where the provisions of the codicil are manifestly inconsistent with it.</p>