Hyde v. Rainey

Citations

• 233 Pa. 540
• 82 A. 781
• 1912 Pa. LEXIS 866

Syllabus

<p>Wills — Real estate — Underlying minerals — Severance—Implied severance.</p> <p>1. A testator may treat the minerals underlying his real estate as severed from the surface in making a disposition of his property and the intention to do so may be gathered by implication.</p> <p>Wills — Construction—Intention—“ If ” — Ambiguous or incomplete expression — Intention.</p> <p>2. The word “if” in a will is frequently construed to mean “when” in order to advance the apparent intention of the testator. Words are not construed as importing a condition if they are fairly capable of another interpretation, and this is particularly true where if the language is construed to import a condition precedent to the taking of the gift, the plain intention of the testator will be defeated.</p> <p>3. When the form adopted to express the intention is ambiguous or incomplete the intent nevertheless should prevail and in the interpretation of wills this should always be the end sought.</p> <p>4. An unlimited gift of proceeds vests in the beneficiaries an absolute estate in the corpus from which the proceeds arise.</p> <p>Wills — Construction—Intention of testator — Surface—Underlying minerals — Severance—Gifts of proceeds.</p> <p>5. A testatrix by an inartificially drawn will devised, in item five, the farm on which she resided to her son Harmon and his children, subject to the payment of certain legacies. By item nine it was provided: “It is my will that-if during the period cf-my natural life if the farm on which I reside shall be leased for the purpose of mining for coal, gas or oil that the proceeds of the lease shall be divided among my four children, share and share alike.” The words “if during the period of my natural life” were stricken out at the direction of the testatrix before the publication of the will. Held, that the only reasonable inference to be drawn from these provisions is that the testatrix intended by item five to devise the surface of the farm to her son Harmon an