Estate of Berton

Citations

• 2 Coffey 319

Syllabus

<p>Wills.—Every Portion of a Will must be Made to have Its Just Operation, unless there arises some invincible repugnance, or else some portion is absolutely unintelligible.</p> <p>Wills—Transposition of Paragraphs.—Words or clauses of sentences, or even whole paragraphs, of a will may be transposed to any extent, with a view to show the intention of the testator.</p> <p>Wills.—If an Immediate Distribution of the Estate after due administration had in this ease been contemplated, the testatrix would not have made the expense of educating the children a charge upon the estate.</p> <p>Wills.—The Intent of the Testatrix in this Case was, that the estate be kept whole until the children attain their majority, and the bequest to the husband is dependent upon his living until that time, and was in a measure intended as compensation for the services expected of him by the testatrix in the promotion of the welfare and the education of the children.</p> <p>Distribution—Premature Application for.—The application of the husband in this ease for distribution, having been filed before the children attained their majority, is premature and must be denied.</p>