Moore's Estate

Citations

• 241 Pa. 253
• 88 A. 432
• 1913 Pa. LEXIS 772

Syllabus

<p>Wills — Construction—“Property”—“Personal property.”</p> <p>1. So far as possible a will should be construed so as to avoid inconsistencies, and as a whole, and so as not to disinherit an heir, except by plain words or necessary implication, and so that all its provisions may take effect in the light of the surrounding circumstances. The intent of the testator, which is to be discovered and carried out, means his actual personal intent, not a mere conventional intent inferred from his use of any set phrase or formal words.</p> <p>2. Testatrix by will provided: “That tbe income from all my property except $5,000.00 shall be divided equally between my aunt, Mrs. Georgia C. Moore & Mrs. L. E. Eoote while they live, and at their deaths the income to be equally divided among thsir children, respectively: Lillian Carroll, Edna Moore, Clare Eoote & Frank Foote & at their deaths, to their children. The above mentioned $5,000.00 I will the use of equally to my two cousins, Harry G. Wilson and Elizabeth H. Wilson, & at their deaths to go to their children. I will all my personal property to my beloved aunt, Georgia C. Moore, and at her death to go to her children, Lillian Carroll & Edna Moore.” The estate of testatrix consisted of some real estate and about $23,000.00 of personal estate, most of which was invested in income producing securities. She also had certain personal effects, consisting of jewelry, household goods, horse and buggy, etc. Held, the words “personal property” in the last clause of her will had reference to her personal effects, such as wearing apparel, jewelry, household goods, etc., and all her other property passed by the first clause of the will, being comprehended in the expression “all my property.”</p>