Gilmor's Estate

Citations

• 154 Pa. 523
• 26 A. 614
• 1893 Pa. LEXIS 929

Syllabus

<p>Will — Repubiication.</p> <p>When a testator republishes his will, the terms and words of the will are to be construed with regard to the property of which he is seized, and the persons named therein, at the date of the repubiication.</p> <p>Evidence — Intention of testator — Interlineation—Substitution.</p> <p>Extrinsic evidence cannot be adduced to qualify, explain, alter or contradict the language of a will, but it must stand as written, where the intention is clearly expressed, and the objects of the bounty are definitely ascertained; but to aid the context extrinsic proof of the circumstances and situation of the testator when the will was executed may be permitted at the discretion of the court.</p> <p>It is competent to show that, at the time of the repubiication of a will, the words “or to their heirs”were added; and that the word “ deceased” was added after the names of each of the legatees who were dead. The circumstances under which these additions were made by the testator may also be shown.</p> <p>In such a ease the testator intended the words “ or to their heirs ” as words of substitution; and by the use of the word “deceased” he indicated that as the legatees were dead they were not to receive the legacift.</p> <p>Will — Construction—“ And ” — “ Or. ”</p> <p>The courts will not construe “ or ” to be “ and ” and “ and ” to be “ or,” except where it is absolutely necessary to support the evident meaning of the testator.</p> <p>Bequest of personalty— “ Seirs ” — Statute of distribution.</p> <p>In a bequest of personalty, unless a contrary intent is indicated by the will, the word “ heirs ” signifies heirs as ascertained by the statute of distribution.</p>