Wootten's Estate

Citations

• 253 Pa. 136
• 97 A. 1066
• 1916 Pa. LEXIS 800

Syllabus

<p>Wills — Codicil—Construction—Intention of testatrix — Legatees of different degrees — Distribution per stirpes.</p> <p>1. A construction of a will which adheres as nearly as possible to the evident general intention of a testatrix and which favors equality and prevents a disinheritance of certain statutory heirs will not be disturbed.</p> <p>2. In eases of doubt in the construction of wills the grammatical collocation of the words must be adhered to unless there be clear reasons requiring a different construction.</p> <p>3. Testatrix by a codicil to her will provided that “The shares of my brothers, Charles L. Hoff and Harry O. Hoff, now deceased, shall divert to Howard L. Hoff, their heirs or assigns, share and share alike,” the said three mentioned individuals being three of five brothers to whom testatrix previously bequeathed the whole of her estate. The Orphans’ Court decided that the heirs of the deceased brothers should share with Howard L. Hoff in the property mentioned in the codicil, and that in such- case the legatees standing in different degrees, being nieces and nephews and a brother, the distribution should be made per stirpes. Held, no error.</p>