Reisher's Estate

Citations

• 261 Pa. 223
• 104 A. 555
• 1918 Pa. LEXIS 718

Syllabus

<p>Wills — Construction—Intention—Codicil — Reference to will — Incorporation by reference — Revise subject to “restriction’’ in will —Revise by implication.</p> <p>1. Where a codicil refers to restrictions in the body of the will such reference is to be given the same force and effect as though the restrictions had been set out in totidem verbis immediately following the gift itself, since will and codicil constitute but one instrument and are to be construed together.</p> <p>2. In its popular sense the word “restriction” means limitation or qualification of something paid.</p> <p>3. A devise, although not formally expressed in the will may be implied where it is needed in order to carry out the intention of the testator; but such implication never arises where it contradicts some expression of intention, and only when it affords such a strong probability that an intention to the contrary cannot he supposed.</p> <p>4. Testator devised certain real estate in equal shares to his two sons for life, and in the event of the death of either son, gave one-half in remainder to the youngest daughter of the first son and the other'half to the children of the second son. By codicil testator provided “the whole bequest in my will to my first son and at hi9 death to his youngest daughter is hereby revoked......I devise ......one-half of the......property (in question) to (testator’s wife,- naming her), during her natural life, and at her death the said one-half devised to wife is given to my (second) son...... under the same restrictions as I have given him the other half in the body of my will.” Held, (1) the testator in subjecting the gift in the codicil to the same “restrictions” as he had imposed in the will had reference to the provision by which he gave to the children of the second son upon their father’s death a remainder in fee in the one-half of the property, and (2) the children of said second son took by implication a remainder estate in fee in the whole of the prop