Kiebler v. McCutcheon

Citations

• 269 Pa. 365
• 112 A. 543
• 1921 Pa. LEXIS 567

Syllabus

<p>Will — Devise—Gift—Election to take property — Vesting of title —Buies of construction — Presumption—Evidence—Act of April 8, 1888, P. L. £1(9.</p> <p>1. A devise of a property vests in the devisee a fee simple title thereto upon acceptance of the gift, though he is to be charged with its value as thereafter appraised.</p> <p>2. Where the gift, however, is coupled with a right to refuse to accept it, the title does not vest until a decision upon this point.</p> <p>3. It is of the nature of a right to elect one of two things, that actual ownership shall not he acquired until the election is made.</p> <p>4. A presumption of fact must always give way to adverse proof on the subject.</p> <p>5. Where a person who is entitled to elect to take property dies without having exercised the right, neither his personal representatives nor heirs can make the election unless the will expressly so provides.</p> <p>6. Section 12 of the Act of April 8, 1833, P. L. 249, does not apply in cases where a child survives his parents.</p> <p>I. Every word in a will must be given effect, if it is reasonably possible so to do.</p> <p>8. Where every word in a will may be given its plain meaning, without destroying the sense, an enlarged meaning is not allowable for the purpose of carrying out a supposed but unexpressed intention of the testator.</p> <p>9. The question in expounding a will is not what the testator meant but what is the meaning of his words.</p>