Hildebrant v. Hildebrant

Citations

• 42 Pa. Super. 190
• 1910 Pa. Super. LEXIS 314

Syllabus

<p>Will — Construction—Intestacy—Intention.</p> <p>1. A direction by a testator in his will that on the happening of a certain contingency his property should “be divided among my relatives under the intestate laws of Pennsylvania,” is a testamentary disposition, and in no wise weakens the conclusion always favored by the law that a will should be construed as if the intention of the testator were to dispose of his entire estate, unless the contrary intention plainly appears from the language of the will itself.</p> <p>2. A gift of the net rents, issues and profits and income of all testator’s estate to testator’s wife for her natural life “less thirty dollars payable every three months during my wife’s lifetime to my son,” without any limitation over after the death of the son, creates a vested legacy in the son on the death of the testator, and upon the death of the son the quarterly payments go to the personal representative until the death of the widow. In such a case the fact that the annuity to the son is protected by a spendthrift trust does not call for a different construction of the will.</p>