Sipe's Estate

Citations

• 30 Pa. Super. 145
• 1906 Pa. Super. LEXIS 35

Syllabus

<p>Will — Legacies—Distribution—Per stirpes — Per capita — Analogy of the statute.</p> <p>Testatrix after having directed that her estate should be converted into money, gave, devised and bequeathed it as follows: “To my brother B, to the children of E, my sister, to the children of my sister L, and to the children of M, (another brother), share and share alike.” B had no children, E, had seven, L, had five and M, had two. E, L, and M, were deceased. No brother or sister or nephew or niece was excluded. Held, that distribution following the analogy of the statute, should be made per stirpes and not per capita.</p> <p>The statute of distribution governs in all cases where there is no will, and where there is one, and the testator’s intention is in doubt, the statute is a safe guide.</p>