Hollinshead's Estate

Citations

• 273 Pa. 573
• 117 A. 337
• 1922 Pa. LEXIS 620

Syllabus

<p>Wills — Construction—Intention—Will as a whole.</p> <p>1. In construing a will the actual personal intent of testator must govern, and this must be ascertained by a consideration of the will as a whole.</p> <p>Wills — Trusts and trustees — Active spendthrift trust — Power of appointment — Life estate — Construction.</p> <p>2. Where a will creates an active spendthrift trust in real estate, for a son’s life, with power in him to make an absolute disposition thereof by will, with a further provision that in the event of his failure to do so, the trust shall continue during the life of the son’s widow for her use, and upon her death to the son’s children, and the son exercises the power of appointment in favor of his wife, the latter takes the real estate on the death of her husband, to the exclusion of his children.</p> <p>3. A construction which gives effect to the several provisions of a will, should always be followed, if possible,</p> <p>Wills — Construction —Incompatible clauses — Later clauses — Utter repugnancy.</p> <p>4. Tbe rule tbat tbe later of incompatible clauses in a will must prevail, is never invoked except as a last resort, when there is an utter repugnancy.</p>