183 Pa. 641 | Pa. | 1898
Opinion by
It would be a waste of time to discuss the assignments of error which relate to the jurisdiction of the orphans’ court, and the question of executor de son tort. They arc of no consequence at the best; they are not pressed in argument, and if the3r were they could not be sustained. The important and serious question for consideration is the construction placed upon that clause of the will of the testator which contained the devise to his son Francis. It is in the following words : “ Item: After my said wife’s decease I give, devise and bequeath to my son Francis my home farm, together with the appurtenances, fixtures, goods, chattels, etc., remaining upon said farm and belonging to my estate — and to his heirs.” This clause, the auditor held, gave to the son named the entire residue of the estate, and there being a sum of 13,082.36 remaining in the hands of the executor, which was otherwise undisposed of, he awarded the whole amount to the son Francis, or France, as he was called in the will, as the residuary legatee of the will. The court below without filing any opinion dismissed the exceptions and confirmed the report. The question is, was this ruling correct? The learned auditor held it to be the proper construction, relying almost entirely upon the proposition that a testator is not to be presumed to have intended to die intestate, wherever the words of the will would carry the whole. And he thought a fair reading of the words of the will would carrjr the whole. We find ourselves quite unable to agree either to the conclusion reached or the reasoning in support of it. This rule is useful, and it is available at times and in circumstances where it may properly be applied to determine the meaning of a testator in a doubtful case. But it is never more than a rule to help to determine the testator’s intent when his meaning is doubtful upon the reading of the words he has employed. Where the meaning of the
It is manifestly our duty therefore in the first instance to read the words of the will in question, and determine if we can, what they mean. The will is short. The first item contains a direct pecuniary bequest of $1,500 to testator’s daughter, Caroline Becker, payable immediately after his decease. The next item is a similar bequest to his daughter, Mary Becker, payable at the same time. The third item is in the following words : “ I give, devise and bequeath to my beloved wife Mena during her natural life all the rest and residue of my estate both real, personal and mixed, whersoever the same may be.” The next item is a bequest to his son Charles of $3,000, “ payable to him upon the decease of my said wife.” And the next item is the devise in question, to wit: “ Item: After my said wife’s decease I give, devise and bequeath to my son France, my home farm — together with the appurtenances — fixtures, implements and all other articles, goods, chattels, etc., remaining on said farm and belonging to my said estate — and to his heirs.” The last clause simply gives to the wife, absolutely as her own, her savings out of the residuary estate realized during her life.
Is there any difficulty in determining what it was that was given to Francis ? Certainly not. The plain, manifest meaning of the words is that the testator gives him after the death of the wife the home farm and the appurtenances, and all the
The decree of the court below is reversed at the costs of the appellee, and the record is remitted with instructions to distribute the estate in accordance with this opinion.