Estate of Whelen

Citations

• 175 Pa. 23
• 34 A. 329
• 1896 Pa. LEXIS 1200

Syllabus

<p>Wills — Change of will by codicil — Construction of codicil.</p> <p>A codicil is to be interpreted in the light of the circumstances surrounding the testator at the time of its execution, and of the reasons which induced it, especially where they appear on its face; and the codicil will be permitted to change the will only to the extent-, that it is inconsistent with it.</p> <p>Where a legacy is revoked by a codicil, which “in place and stead thereof ” gave a specified sum to a charity, the gift to the charity is not payable immediately, but is governed as to time of payment by the direction of the will as to the time of payment of the original legacy.</p>