242 Pa. 545 | Pa. | 1914
Opinion by
It is apparent from a reading of her will that the testatrix intended to make a final disposition of her residuary estate, which was to be held in trust, by providing who shall take upon the happening of certain contingencies, but it is equally apparent that she did not provide for the contingency which subsequently happened and upon which this controversy depends. It is argued for appellant that every intendment is to be made against holding a person to die intestate who has undertaken to dispose of his residuary estate, and that in arriving at the intention of a testator, courts do not look with favor upon a construction of a will which leads to intestacy: Keene’s Est., 221 Pa. 201. This, of course, is a proper statement of the attitude of courts in the interpretation of testamentary instruments, but it does not mean that courts are at liberty to interpolate provisions not contained in the will in order to avoid an intestacy, or that express directions of the testator may be disregarded, or that plain language may be given a meaning not imported by the words used. If the testatrix had, simply divided her residuary estate into two shares to be held in trust for the benefit and maintenance of the
Decree reversed and record remitted with directions to make distribution in accordance with .the views herein expressed. Costs to be paid out of the estate.