Gibbons' Estate

Stearns, J.,

dissenting. — I am unable to concur in the opinion of the court. The Supreme Court, in construing this very will (Gibbons v. Connor, 220 Pa. 395), definitely and unequivocally declared that the testator did not dispose of the corpus of his estate. Necessarily, therefore, the testator died intestate as to corpus. I would adhere strictly to that interpretation.

True it is that in Gibbons v. Gibbons, 235 Pa. 24, the Supreme Court did say that upon the termination of the successive life estates in the children, the corpus passed “according to the terms of the will”. Considered in…