Linn v. Bowman

Citations

• 77 Pa. Super. 261
• 1921 Pa. Super. LEXIS 248

Syllabus

<p>Wills — Construction—Residuary clause — Devise of real estate— Ejectment.</p> <p>In an action of ejectment the title to the land in question was claimed by tbe defendant under tbe following residuary bequest in tbe will: “I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to Frank Hoen,shell’s heirg, to have and to hold to their heirs and assigns forever.” Frank Hoensbell was living at the date of the death of the testatrix. Tbe plaintiffs claimed that a devise to the heirs of a person, living at tbe time of tbe death of tbe testatrix is meaningless, and identifier no individual or class of persons who could take title under such a devise.</p> <p>Held: That tbe word heirs could be used interchangeably with children to carry out the clearly expressed intention of tbe testatrix.</p> <p>When it is necessary to effectuate tbe clearly expressed intention of a testatrix the word “heirs” may be construed' as if tbe testatrix bad written children; and where tbe will must be substantially east aside and tbe intent of tbe testatrix overthrown, unless tbe word can be given such effect, tbe courts will not hesitate to so interpret it.</p>