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· 12/31/1920

Patton's Estate

Citations

  • 268 Pa. 367
  • 112 A. 61
  • 1920 Pa. LEXIS 693

Syllabus

<p>Will — Construction — Later clauses — Repugnant clauses — All standing together — Trusts.</p> <p>1. The rule that the later of incompatible clauses in a will must prevail, is invoked only as a last resort, and when there is an utter repugnancy.</p> <p>2. A will must be so construed, if possible, as to give effect to all its provisions.</p> <p>3. A clause in a will is never construed by itself but in connection with the entire document.</p> <p>4. The fact that a later clause in a will, standing alone, gives the residuary estate directly to a legatee, is not controlling, where it appears that an earlier clause expressly subjects that estate to a trust.</p>

Judges: Brown, Frazer, Kephart, Moschzisker, Simpson, Stewart, Wailing, Walling

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