Pennsylvania Superior Court Reports Volume 72

Pennsylvania Superior Court Reports Volume 72

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...after the death of my wife" to another trust company, in trust, to pay over the net income thereof to the same daughter during her life, after which the entire estate, in both trusts, was to go to the children of said daughter in fee. Under the provisions of that will, did the wife become immediately vested with the entire estate, both personalty and realty, absolutely and in fee, or did she take but an estate for life with the added power, by her own subsequent election and action, to convert such life estate into an estate absolute and in fee? If we keep firmly in mind the proposition that artificial canons of construction have no place in the consideration of a will that fairly manifests the intent of the testator, our difficulty in determining the question before us will be greatly lessened, if indeed it does not entirely vanish. It seems we cannot too often recall the cases in which our Supreme Court has plainly and forcibly stated the continuous operation of the principal referred to. In Tyson's Est., 191 Pa. 218, Mr. Justice lI1'rcHnLL, after citing many cases wherein the proper functions of canons of construc tion have been accurately portrayed, declares: "This court has in numerous cases pointedly indicated its determination to restore or preserve the cardinal rule as to intention in its original and proper prominence, and to let every will stand on its own terms as every contract has always been construed to do." Looking then at the 332, (1919). Opinion of the Court. language of the testator in the present case, it appears to us his actual personal intent was first of all to make adequate provision for his wife who was certainly the first object of his bounty. The manner in which he chose to do this is no...
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Product details

  • Paperback | 232 pages
  • 189 x 246 x 12mm | 422g
  • United States
  • English
  • black & white illustrations
  • 1236919521
  • 9781236919526