Harvey's Estate

Ladner, J.,

dissenting. — I dissent for the reasons set forth in my adjudication and for the following reasons not there discussed.

The apportionment statute of July 2, 1937, P. L. 2762, 20 PS §844, excepts from its operation cases “where a testator otherwise directs in his will”. The majority opinion concedes, as it must in view of our *20decision in Jeffery’s Estate, 32 D. & C. 5, affirmed in 333 Pa. 15, that this means “the testamentary direction” required by the statute to prevent apportionment may be implied. But the opinion adds: “Equivocal language, susceptible of more than one…