Lehman v. Lehman

Citations

• 29 Pa. Super. 60
• 1905 Pa. Super. LEXIS 265

Syllabus

<p>Partition — Appeals—Statute of limitations — Act of April 22, 1856, P. L. 532 — Trusts and trustees.</p> <p>Where in partition proceedings no question is raised either in the evidence, the master’s report, the exceptions thereto, or the opinion of the court below as to whether certain of the parties were barred by the act of April 22, 1856, such question cannot be raised in the appellate court.</p> <p>Insurance — Life insurance — Beneficiaries—Children.</p> <p>■ A widower with six children married a widow with one child and had by her two children. After the marriage he took out a policy of insurance payable to “his wife, in trust for herself and their children.” There was nothing in the circumstances under which the policy was taken, or in the subsequent conduct of the insured which tended to show that the insured intended to exclude his children by his first wife. Held, that the children by the first wife were entitled to share in the proceeds of the policy.</p> <p>Will — Construction—Disinheriting heii — Insurance.</p> <p>In a doubtful case the courts favor that construction of a will which, consistently with the words of the instrument, will result in a distribution in conformity-to the general rules of inheritance, rather than one which will disinherit an heir at law.</p> <p>A policy of life insurance, although not a testament, is, like the provisions of a will, to be liberally construed- in favor of the ones who may naturally be presumed to have been the special objects of bounty.</p>