Tyson's Estate

Citations

• 47 Pa. Super. 108

Syllabus

<p>Will — Codicil—Ademption of legacy — Act of July IB, 1897, P. L. B56. ■</p> <p>1. A duly executed codicil operates as a republication of the original will so as to make it speak as of the date of the codicil.</p> <p>2. The Act of July 12, 1897, P. L. 256, does not apply in case of a bequest to a class of legatees unless the deceased legatee was a member of the class at some time between the execution of the will and the death of the testator. Only the issue of one who was within the class when the will was executed, or after, and died before testator, takes by such substitution.</p> <p>3. Where the testatrix by her will gives the sum of $1,000 to each of the children of her deceased brother, and subsequently one of the children dies, and thereafter she executed a codicil by which she bequeaths to each of the two daughters of the deceased child, $500, and by the codicil ratifies and confirms in other respects her will, the legacy to the deceased child is not saved from ademption by the Act of July 12, 1897, P. L.-256.</p>