Reck's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Adams county: Of May Term 1875, No. 63. In October 1874, John Blocher, administrator, &c., of Elizabeth Blocher, deceased, petitioned the Orphans’ Court of Adams county, setting forth that Joseph Blocher, late of that county, deceased, by his will, proved June 22d 1866j directed that after his debts, &c., should have been paid, all the rest of his real estate should be sold: he then directed as follows:— “ It is my will that my beloved wife,…
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Appeal from the Orphans’ Court of Adams county: Of May Term 1875, No. 63. In October 1874, John Blocher, administrator, &c., of Elizabeth Blocher, deceased, petitioned the Orphans’ Court of Adams county, setting forth that Joseph Blocher, late of that county, deceased, by his will, proved June 22d 1866j directed that after his debts, &c., should have been paid, all the rest of his real estate should be sold: he then directed as follows:— “ It is my will that my beloved wife, should she be living at the time of my decease, receive the interest of $1000, being put to interest by my executors…
1Opinion of the CourtJustice Sharswood
All mere technical rules of construction must give way to the plainly expressed intention of a testator, if that intention is lawful. It is a rule of common sense as well as law not to attempt to construe that which needs no construction. The testator in the will before us has said, in plain unmistakable English, that his widow should receive during her life the interest of one thousand dollars, to be put at interest by his executors, “ and should the interest of the same be insufficient to provide for her, then as much of the principal as may be required.” After her death “the balance of the…
2Cited by33 opinions
- Wood v. SchoenSupreme Court of Pennsylvania · 1907
- Haydon's EstateSupreme Court of Pennsylvania · 1939
- England EstateSupreme Court of Pennsylvania · 1964
- Anderson v. WilsonSupreme Court of Iowa · 1912
- Estate of EichelbergerSupreme Court of Pennsylvania · 1890
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