Reinheimer's Estate

Citations

• 265 Pa. 185
• 108 A. 412
• 1919 Pa. LEXIS 522

Syllabus

<p>Will — Devise—Farm,—Care of testator — Condition.</p> <p>1. Where a devise is to “the party or parties who may be farming my farm and taking care of me at the time of my death,” the person who identifies himself as a lessee of the farm in possession and farming at the time of testator’s death, and actually caring for the latter, is entitled to take the land, and the court cannot take into consideration, in passing upon his claim, the degree of efficiency of his farming or the character of his attention to testator’s wants.</p> <p>2. In such a case all the court has to do is to construe the will, and if a party appears who fills the description, it is not within the power of the court to write terms into the will that will restrict its ordinary application.</p> <p>3. While extrinsic evidence may be admitted to aid or explain a will, it must always relate to that which is embodied in the will.</p> <p>4. A devise to the person “farming my farm and taking care of me at the time of my death,” does not imply a condition; even if it should be construed a condition, the testator would be the only person to pass upon its fulfillment, and the best evidence that he considered it fulfilled, would be the fact that the claimant remained with him and took care of him until his death.</p> <p>5. WTiere a devise is to the person “farming my farm and taking care of me .at the time of my death,” and such a person is identified, a codicil in entire harmony with the devise in the will, but naming a specific person as farming the farm at the date of the codicil, will not effect a rescission of the devise in the will, and defeat the claim of the person who is identified as farming the farm and taking care of the testator at the time of his death.</p>