Woodside's Estate

Citations

• 188 Pa. 45
• 41 A. 475
• 1898 Pa. LEXIS 573

Syllabus

<p>Will — Partial intestacy — Decedents' estates.</p> <p>A partial intestacy is not to be presumed if the words used will carry the whole estate, and a construction is to be given a will which will avoid a partial intestacy, unless the contrary is unavoidable.</p> <p>A farmer engaged in the business of buying and pasturing cattle for market, which business he conducted until his death, left a will by which he directed that his debts and pecuniary legacies should be paid from the proceeds of the sale of his l'eal and personal property on the east side of a creek. He specifically devised to two persons the western portion of his land, giving to the first devisee a eei-tain farm, and to the second devisee the other lands and the personal property thereon. He enumerated the kinds of personal property as cows, horses and hogs, household furniture, etc. Certain cattle had been pastured on both sides of the creek, .but four months before testator’s death they had been taken to his bams on the west side to be fattened for market. These cattle formed a large part of his personal estate. Held, that the testator did not die intestate as to the cattle which had been removed to the west side of the farm, but that they passed to the devisee mentioned in the residuary clause.</p>