Gensimore's Estate

Citations

• 246 Pa. 216
• 92 A. 134
• 1914 Pa. LEXIS 496

Syllabus

<p>Wills — Construction—Intention—Revocation—Sale of land devised — Ineffectual conveyance — Effect on prior will.</p> <p>1. When a testator conveys away absolutely land that he has previously devised, the devise is thereby revoked on the presumption of law that the testator changed his intention. Even though ineffectual to vest the property, an attempted conveyance produces . a revocation of the devise.</p> <p>2. A testator left two wills, the earlier containing the bequest: “I give and devise to my daughters,” naming them, “an equal share of all the money derived from estate after expenses are paid,” and appointing an executor. In the later will, the following bequest was made: “I give and bequeath to my.daughter, Mary M., all my personal property, excepting a gold watch and chain. Also one gun.” No executor was named by the latter will. Subsequent to the making of the first will and prior to the execution of the second, the testator contracted verbally to sell his farm, the only real estate which he owned, and prior to his death executed and acknowledged a deed to the grantee for the premises and placed it in escrow to be delivered on payment of the purchase-money. The register admitted both instruments to probate as together constituting the will of the testator and issued letters testamentary, in accordance with the appointment contained in the earlier will. Meld, on appeal, that the court did not err in directing the latter instrument to be admitted to probate and in revoking the letters testamentary granted upon the earlier instrument.</p>