Kirkpatrick's Estate

Citations

• 280 Pa. 306
• 124 A. 474
• 1924 Pa. LEXIS 513

Syllabus

<p>Wills — Construction—Life estate — Death in lifetime of testator ■ — Precedents—Intention.</p> <p>1. Precedents are of little value in the construction of wills, because, when used under different circumstances, and with different context, the same words may express different intentions. .</p> <p>2. Where the actual intent of the testator can be fairly gathered from the words used, the fact that another testator has employed like words with a different meaning is of no avail.</p> <p>3. In determining whether a testator intended to give a fee or a life estate, all the words used by him should be taken into account, and if the intent to restrict the gift is clear, it must be given effect.</p> <p>4 The rule of construction whereby a devise over in event of the death of first takers, is understood to mean death occurring in the lifetime of the testator, never applies where the first takers referred to are treated as living at a period subsequent to the death of the testator.</p> <p>5. Where a testatrix leaving a son and daughter as her sole heirs at law directs that she wants all of her estate given to the son and daughter, equally divided between them, and that “at the death of either, the money to go to the remaining child unless my son should marry and have children then his part to go to his family, if they both die without children” or the son remains single, then “it is for them to decide which charity shall have it,” naming two charities, and by other parts of the will she directs the daughter to give away her clothing, and both legatees to pay a legacy of an amount named to their aunt for life, the two children take a life estate and not a fee.</p> <p>6. The will indicated that testatrix intended to provide for what should happen to her estate on the death of her children after her own decease, and not merely during, her life.</p> <p>7. In such case it is proper for the court to direct security to be entered by the life tenants, to protect remaindermen; but t