Reimer's Estate

Citations

• 159 Pa. 212
• 28 A. 186
• 1893 Pa. LEXIS 1498

Syllabus

<p>Will — Intestacy—Presumption.</p> <p>No testator is presumed to die intestate as to any part of his property, if the words of the will will carry the whole.</p> <p>“ Personal effects ” — Personal property.</p> <p>The words “ personal effects ” in a will, when not restricted by the context, mean everything embraced within the description “ personal property.”</p> <p>Testator, after providing that his debts and funeral expenses should be paid, directed “that the whole of my estate remaining shall be divided as follows : First. I give and bequeath to my brother, Andrew, any and all of my household goods, books, clothing, furniture, etc. that he may desire. The balance of the personal effects to be divided among the children of my sister Mary.” After directing his executors to accumulate rents to the amount of $5,000 for a monument, he continued: “After which I direct my real estate to be divided as follows: ” Then followed six devises of real estate, which included all of the real estate. Held, that the second sentence of the first clause of the will was residuary in character, and that all of the testator’s personal property except the household goods, books, etc., bequeathed to his brother, should be distributed to the children of his sister Mary.</p> <p>Issue devisavit vel non — Costs.</p> <p>Costs, including counsel fees for the trial of issues devisavit vel non, cannot be charged to the estate unless it be benefited thereby.</p>