89 Pa. 36 | Pa. | 1879
delivered the opinion of the court, March 3d 1879.
The question presented upon this appeal depends upon the construction of the will of the late J. Edgar Thomson. It was written by himself without the benefit of legal counsel. It must have such a reasonable construction as to effectuate his whole intention — if that can be done consistently with the rules and policy of the law.’ When near his death, Mr. Thomson added two codicils to his will, which throw strong light upon his meaning. It is conceded that
As he drew near his last end, he became anxious lest he had not made a sufficient provision for his niece. Accordingly, in his first codicil he desires her to be treated and regarded as if she were really his child, “ receiving during her lifetime such income from my estate, as if she were really my child.” Without pausing to inquire what her interest may be under this and the second codicil, which directs that she shall take “out of the income” of his estate all'that “she requires to render her more than comfortable in her housekeeping during her lifetime,” it is enough to say that both these codicils are a strong confirmation of the construction placed upon the will by the court below. It is very clear that the testator considered himself throughout the will and codicils, as dealing only with the income of his estate, the corpus or principal being vested in the trustees for the ultimate purpose, the charity which he had, no doubt, near his heart.
Decree affirmed and appeal dismissed at the costs of the appellant.