Small v. Small

Citations

• 242 Pa. 235
• 88 A. 1014
• 1913 Pa. LEXIS 870

Syllabus

<p>Wills — Construction—Intention—Meaning of \share\ — Residuary devise — Gifts in trust — Property included in the gift — Case stated.</p> <p>1. The use of the word “share” in a will naturally imports all that a legatee takes thereunder, and will be so construed unless an intention to the contrary is fairly to be deduced from other language of the testator.</p> <p>2. On a case stated for the purpose of determining whether plaintiffs could convey a marketable title to certain real estate, where it appeared that the land had passed under the residuary clause of a will wherein testator gave to a daughter, one of the plaintiffs, an equal share with each of his other children in his residuary estate, and by codicil such testator increased a legacy of $10,000 to such daughter, to $20,000, and directed that the “principal of the share of my daughter J. A. shall be held in trust by my executors” for her benefit during her life, and that of her husband and children after her death, the court erred in holding that a deed executed by such daughter and the other residuary legatees would operate to convey a marketable title to land included in the residuary bequest.</p> <p>3. In such a case the intention of the testator was to include the daughter’s share of the residuary estate in the trust created by the codicil.</p>