Glasgow's Estate

Citations

• 243 Pa. 613
• 90 A. 332

Syllabus

<p>Wills — Construction—Legacies—Residuary bequest — Intention— Determination of legacies.</p> <p>1. A will must be considered with a thought to the conditions under which it was written.</p> <p>2. Where a testator by a will executed during his last illness provided that “Whomsoever takes care of me and nurses and looks after my comfort during my last sickness or sees to it that I am properly nursed and cared for and given proper medical attention during my last sickness and a decent Christian burial after my decease,” should take the residuary estate, and it appeared that at the time of the execution of the will testator had no immediate family, that he was not on cordial terms with his sister, his nearest relative, and that he knew he was ill; that claimants had rented a room to deceased for three years previous to his death, during which period one of claimants had nursed him at various times when he was ill, as well as in his last illness, until testator was taken to a hospital by advice of a physician procured by claimants; that after his death claimants arranged for his burial according to instructions given them; and that claimants answered in all particulars to the description of the residuary legatees, the Orphans’ Court should have awarded the residuary estate to the claimants and not to the next of kin.</p>