16 Pa. Super. 257 | Pa. Super. Ct. | 1901
Opinion by
According to the natural interpretation of the residuary clause, it would seem that the share of a legatee dying without issue would go to the brothers and sisters surviving him or her, and, in case of the death of any of them before the death of the testatrix, the heirs and legal representatives of such surviving brother or sister, who would take by representation. Under this interpretation the children of William H. Hauer, he having died before the date of the will, do not answer the description. But it is urged that, in order to avoid a construction which disinherits them, it is allowable to read the word “surviving” as meaning “other,” or to omit it altogether, in which case, says counsel, the issue of William would take by representation. The case of Lapsley v. Lapsley, 9 Pa. 130, which is supposed to give countenance to this construction, seems to us to fall short of sustaining his contention. As remarked in later cases that case was decided “ under its peculiar circumstances,” and because the conclusion that would be reached by interpreting the will according to the usual meaning of the word “ survivors ” would be (we now quote from the opinion) “ unsustained by the intention properly imputable to the devisor, who, in the absence of ex
The decree is affirmed and the appeal dismissed at the costs of the appellants.