Brush's Estate

Citations

• 277 Pa. 9
• 120 A. 696
• 1923 Pa. LEXIS 353

Syllabus

<p>Wills — Construction—Legacy — Accumulations — Illegal directions — Construction in favor of heir — Doubtful meaning.</p> <p>1. Where a testator provides that a legacy shall be paid out of income to be accumulated, or out of principal if necessary, and the direction to accumulate is held to be illegal, the legacy must be paid out of principal, even though the legatee receives a part of the income intended to have been accumulated, and this would have been sufficient to pay the legacy if applied for that purpose.</p> <p>2. The possible meaning of a testator cannot be given effect as against the language used in his will.</p> <p>3. The rule is of universal application that, in the construction of a will of doubtful meaning, every intendment is to be made in favor of the heir or next of kin.</p>