Worst v. DeHaven

Citations

• 262 Pa. 39
• 104 A. 802
• 1918 Pa. LEXIS 583

Syllabus

<p>Wills — Gonsiruction—Life estate to class or survivor — Gift over —Words and phrases \or” and \and” — Transposing words or sentences — Intention.</p> <p>1. “Or” may be read “and,” and “and” may be read “or,” in construing a will, only when absolutely necessary to carry out the expressed intent of the testator.</p> <p>2. If the words of a will can properly be so construed as to carry the whole estate, an intestacy will not result because of uncertainty as to who shall take.</p> <p>8. Where a will provides a date at which a gift to a person or class shall take effect, any implication by which it may take effect at an earlier date, is excluded.</p> <p>4. In obscurely expressed wills, a word or sentence may be transposed in order to effectuate the apparent intent of the testator.</p>