Todd's Estate

Citations

• 237 Pa. 461
• 85 A. 843

Syllabus

<p>Will — Codicil—Construction—Ademption—Legacy.</p> <p>Testatrix by a particular clause in her will gave to her grandnephew to whom she did not stand in loco parentis, “all the judgments, notes and other obligations against him that I may hold at the time of my death on condition that he pay the interest on all such securities up to the time of my death.” She also gave him in the same clause such a principal sum of money that shall make “this bequest” in addition to the securities “equivalent to a principal sum of $25,000.” Six months subsequently the testatrix surrendered to her grandnephew all the obligations which she held against him in consideration of an agreement to pay her the sum of $314 annually during the balance of her life. About nine months thereafter she made a codicil by which she revoked in express terms the clause in her will relating to her nephew, and proceeded by saying “I now give and bequeath” to him “all of the judgments, notes and other obligations against him I may hold at the time of my death, on condition that he pay-the interest on all such securities up to the time of my death.” In addition to these she gave him “such a principal sum of money that shall make the bequest equivalent to a principal sum of $20,000.” Held, that the grandnephew was entitled to receive the full sum of $20,000.</p>