Dobbins's Estate

Citations

• 221 Pa. 249
• 70 A. 727

Syllabus

<p>Wills — Codicils—Construction—Intestacy as to principal — Chdrities.</p> <p>Testator devised his residuary estate to his executors to pay the whole net income to his sister for life, and .upon her death the principal to such charities as she should by will direct, and upon her failure to appoint, to pay the same to eight charities named. By another clause he directed that if the bequest to charitable institutions for any reason should not take effect, or be held to be void, then he gave all moneys intended to be given to charitable purposes to his sister and brother, or to the survivor of them to be divided between them and to be disposed of by them or the survivor of them in any manner which they may deem proper and useful. A codicil revoked the charitable provisions set forth in the will and gave pecuniary legacies to certain specified charities, and further directed that the residue of his estate directed to be held in trust for the benefit of his sister should at her death be paid over to such charities as he should thereafter name in writing to his executors, or by provision in a future codicil, but if he should fail to make such designation then to pay over and distribute the same to such charitable institution or institutions as his sister should by will appoint. A subsequent codicil revoked the provision for the payment of the whole income to testator’s sister, and directed his executors to pay her for life an amount per annum which was much less than the total income. After testator’s death it appeared that he had failed to name in writing to the executors, or in a codicil, any charities as beneficiaries of the residue. Held, that the provision in the will in favor of the brother and sister, if the charitable bequests should fail, was not revoked by the codicils, and that no intestacy arose as to the corpus of the residuary estate.</p>