Ferreck's Estate

Citations

• 241 Pa. 340
• 88 A. 505
• 1913 Pa. LEXIS 787

Syllabus

<p>Wills — Construction—General and specific legacies — -Gift of stoclc.</p> <p>1. The rule is that a legacy is presumed to be general rather than specific, and the mere fact that the testator has given stock in amounts he has in hand, is not sufficient to overcome this presumption. Yet if it can be gathered from the will that the testator’s intention was to make specific gifts of the stock which he owned, considering not merely the item in which the gifts were made but the will as a whole, this intention will prevail.</p> <p>2. Testatrix gave to various legatees shares of certain stock owned by her, in every instance disposing of exactly the number of shares which she owned, except in one instance where she gave her husband 100 shares more than she had, having made a previous gift to him of 100 shares, in her lifetime; she did not use the word “my” in connection with the gifts of stock except in one or two instances. She further provided in her will that if there was not sufficient money available to pay money legacies, funeral expenses, debts, etc., that her executors should “sell and dispose of my stocks as may be necessary to each legatee to be apportioned according to the value or share of his or her bequest herein.” Held, the gifts of stock were specific and not general.</p>