Gregg's Estate

Citations

• 213 Pa. 260
• 62 A. 856
• 1906 Pa. LEXIS 460

Syllabus

<p>Wills — Charitable bequests — Computation of time — Calendar month — Act of April 26, 1855, P. L. 328.</p> <p>A will containing a charitable bequest was executed on October 8, 1899, between the hours of 3 and 5 o’clock p. m. Testatrix died on November 8, 1899, between the hours of 7 and 8 o’clock p. m. Held, that the will was executed within one calendar month from the death, and that the charitable bequest failed.</p> <p>A calendar month is not one of any given number of days throughout the entire year, but varies in length according to the Gregorian calendar.</p> <p>A calendar month beginning in February, except in leap year, is of twenty-eight days duration; one beginning in April, June, September or November is of thirty days, and one beginning in either of the other seven months, of thirty-one days.</p> <p>The Act of April 26, 1855, P. L. 328, is for the protection of a testator for the last full calendar month of his life against yielding to any influences during that period which may unduly lead him to devote his estate, or any portion of it, to religious or charitable uses. It must be literally read and strictly construed, if effect is to be given to the legislative intent, and cannot be stretched to save a bequest clearly intended by the act to be void. Charitable or religious institutions claiming bequests or devises must bring themselves within it. As between them and the next of kin of a deceased there are no equities, and the rights of each are such only as are given by the statute.</p>