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· 4/22/1907

Norris's Estate

Citations

  • 217 Pa. 560

Syllabus

<p>Will — Legacy-Gift of residuary estate — Codicil.</p> <p>Where a testator gives a legacy of a specified amount and also one-half of his residuary estate, to his sister, and by a codicil gives to two nieces and a nephew “the legacy which I have left to my sister,” share and share alike, the word “legacy” in the codicil will, in the absence of any ■ contrary intent, be construed to include not only the money legacy in the will, but the gift of half of the residuary estate.</p> <p>Wills — Disinheriting heirs — Presumption.</p> <p>The presumption against an intention to disinherit heirs is weakened by the fact that a testator by his will excludes four-fifths of his relatives from any participation in his personal estate. This presumption has force where no clear disposition has been made and one is to be inferred from some provision of a will; it is without application where it is apparent that the real intention of the testator, was to favor some to the exclusion of others.</p>

Judges: Brown, Elkin, Fell, Mestrezat, Mitchell, Pell, Potter, Stewart

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