Baker & Wheeler's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Chester county: Of July Term 1886, No. 101. Appeal of Virginia Baker and Elizabeth C. Wheeler from the decree of said court dismissing their exceptions to the report of the Auditor distributing the funds in the hands of the administrator, c. t. a., of Gustavus C. Wheeler, deceased, arid confirming said report. H. T. Fairlamb, Esq., was appointed Auditor to distribute the funds in the hands of the administrator.
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Appeal from the Orphans’ Court of Chester county: Of July Term 1886, No. 101. Appeal of Virginia Baker and Elizabeth C. Wheeler from the decree of said court dismissing their exceptions to the report of the Auditor distributing the funds in the hands of the administrator, c. t. a., of Gustavus C. Wheeler, deceased, arid confirming said report. H. T. Fairlamb, Esq., was appointed Auditor to distribute the funds in the hands of the administrator. The following are the facts as they appeared before him: Gustavus C. Wheeler, the decedent, was possessed, under the will of his father, William…
1Opinion of the CourtJustice Gordon
The cardinal rule for the construction of wills is, that the intent of the testator must be gathered from the will itself. Than this rule there is probably no one that is supported by so great a multitude of authorities. Moreover, it is said in Reck’s Appeal, 78 Pa., 432, by Mr. Justice Sharswood, that all mere technical rules of construction must give way to the plainly expressed intention of the testator, if that intention be lawful. Again, where there is no ambiguity in the terms of the will, a doubt, suggested by extraneous circumstances, cannot be permitted to affect its construction:…
2Cases cited2 opinions
- Reck's AppealSupreme Court of Pennsylvania · 1875
- Sponsler's AppealSupreme Court of Pennsylvania · 1884
3Cited by11 opinions
- Torchiana's EstateSupreme Court of Pennsylvania · 1928
- Moltrup EstateSupreme Court of Pennsylvania · 1967
- Appeal of HoweSupreme Court of Pennsylvania · 1889
- Meetkirk's EstateSuperior Court of Pennsylvania · 1935
- Kemerer's EstateSupreme Court of Pennsylvania · 1916
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