Altdorfer's Estate
Supreme Court of Pennsylvania
Appeal, No. 335, Jan. T., 1908, by Anna Katharina Kronmaier, from decree of O. C. Phila. Co., April T., 1908, No. 80, dismissing exceptions to confirmation of inquisition in Estate of Johann Christen Altdorfer, deceased. Petition in partition.
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Appeal, No. 335, Jan. T., 1908, by Anna Katharina Kronmaier, from decree of O. C. Phila. Co., April T., 1908, No. 80, dismissing exceptions to confirmation of inquisition in Estate of Johann Christen Altdorfer, deceased. Petition in partition. From the record it appeared that the court decreed that the children of a deceased sister of the half blood of testator’s wife were entitled to share with a sister of the whole blood of the wife in the portion of the estate over which the wife had power of disposition. The wife died intestate after surviving the testator. The terms of the will are set…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
While the repetition by á testator of the same words or phrases to which he has previously given a definite meaning will prima facie be presumed to carry the same meaning in *138the second use, yet this presumption must give way to any indication of a different intent on the part of the testator. In the construction of this will, complicated as it is by a want of familiarity with the accurate use of the English language, we cannot ignore a diversity in the circumstances and the apparent intent under which the similar words were used.
After leaving his whole estate to…
2Cited by5 opinions
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