Sorver v. Berndt
Supreme Court of Pennsylvania
In error from the Common Pleas of Montgomery. March 30. Case stated. Testator, by his will, dated in 1839, bequeathed “ one-fifth part of the residue of my estate to the children or legal heirs of my brother, David Sorver, in equal share alike.” David Sorver died in 1816, leaving six children. One of these died in 1826, leaving one child, who died after testator.
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In error from the Common Pleas of Montgomery. March 30. Case stated. Testator, by his will, dated in 1839, bequeathed “ one-fifth part of the residue of my estate to the children or legal heirs of my brother, David Sorver, in equal share alike.” David Sorver died in 1816, leaving six children. One of these died in 1826, leaving one child, who died after testator. The question was, whether her administrator was entitled to a share of the residue, there having been children of David Sorver living at the death of the testator. The court gave judgment for the plaintiff.
1Opinion of the CourtCoulter, J.
The testator, an illiterate man, devised *214Ms estate, being all personalty, to Ms brothers and sisters. The bequest on which the dispute in this case arises, is in these words: “ I give and bequeath one-fifth part thereof to the children or legal heirs of my brother, David Sorver, in equal share alike.” Did the grandchildren or grandchild of David Sorver take ?
It would seem that a plain man intended something by the use of the words “ or legal heirs of my brother David Sorver, share and share alike.” And the most obvious intent which can be imputed to him is, that he thought his children might…
2Cited by7 opinions
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- Estate of McAfeeSupreme Court of Pennsylvania · 1975
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- Lownes EstatePennsylvania Orphans' Court, Bucks County · 1954
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