Doyle's Estate

Citations

• 28 Pa. Super. 579
• 1905 Pa. Super. LEXIS 248

Syllabus

<p>Will — Construction—Repugnant clauses.</p> <p>The rule as to the construction of wills, that as between inconsistent clauses, the last is evidence of the latest intention of the testator, is only-applicable to cases of invincible repugnancy- where no general intent is deducible to control particular and substitutionary clauses.</p> <p>Testator after giving a number of pecuniary legacies to his children directed as follows: “I direct my administrator to sell all my personal property also any real estate of which I may die seized at the time of my death to hold the funds derived therefrom together with the money of which I am possessed, for the keeping and maintaining of my dearly beloved wife; at her death should she survive me, I direct that she be buried by my side, that her funeral expenses and doctor’s bill be paid. Then I direct that the balance of the .funds in the hands of my administrator be paid to my children, share and share alike, should any of my children die before me, I direct that their share go to their heirs.” Held, that the pecuniary legacies should be paid out of the proceeds of the sale of the real and personal estate, and the balance paid over to the administrator for the trust created by the will.</p>