Hoch's Estate

Citations

• 154 Pa. 417
• 26 A. 610
• 1893 Pa. LEXIS 907

Syllabus

<p>Will — Intestate laws — Distribution.</p> <p>The intestate laws must control questions of distribution arising upon the settlement of estates of testators as well as intestates, unless the testator has clearly provided a different mode in his will.</p> <p>The act of April 8, 1833, P. L. 316, defines the words “ lawful heirs ” and furnishes the rule for making distribution among them, which is per capita, if the ehildi'en of the intestate are living at the death of the ancestor, and per stirpes, if some of the children be living, and others be dead, but have living issue to represent them.</p> <p>Testatrix directed her estate “ to be divided in equal shares to my legal heirs.” At her death testatrix left to survive her, two children, and eight grandchildren, issue of a deceased child. Held that the estate was to be divided per stirpes into three shares, her children to take two of the shares, and her grandchildren, the third share.</p>