Legal Opinion

National Live Stock Bank of Chicago v. Hartman

Superior Court of Pennsylvania

Decided July 29, 1898No. Appeal, No. 195Published

Appeal, No. 195, April T., 1898, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., July T., 1897, No. 24, in favor of defendant on answers to interroga-' tories. Beaver, J., dissents. Rule for judgment on answers to interrogatories. Before Shaker, J. ' It appears from the record that Peter Hartman died testate on February 8, 1876, naming as executors his wife, Maria Hartman, and his friend, Anthony Kunzler.

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Appeal, No. 195, April T., 1898, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., July T., 1897, No. 24, in favor of defendant on answers to interroga-' tories. Beaver, J., dissents. Rule for judgment on answers to interrogatories. Before Shaker, J. ' It appears from the record that Peter Hartman died testate on February 8, 1876, naming as executors his wife, Maria Hartman, and his friend, Anthony Kunzler. The portion of the will causing the dispute is iñ these' words: “ I will, give and bequeath unto my beloved wife, Mariann Hartman, all my property, real, personal and mixed, of…

1Opinion of the Court

Opinion by

Porter, J.,

It is sometimes difficult in the interpretation of wills to obey the canon of construction that the court must not determine the probable intention of the testator but what that intention is as expressed by the words of his will. “ The question in expounding a will is not what the testator meant but what is the meaning of his words: ” Hancock’s Appeal, 112 Pa. 532, 541. In this case it may be that “ his idea was that after his wife’s death his • children would take the property,” as held by the court below, but is this what he says in his will? 'We think not. The will…

2Cases cited11 opinions

  1. Hancock's AppealSupreme Court of Pennsylvania · 1886
  2. Boyle v. BoyleSupreme Court of Pennsylvania · 1893
  3. Amelia Smith's AppealSupreme Court of Pennsylvania · 1853
  4. Cox v. SimsSupreme Court of Pennsylvania · 1889
  5. Appeal of DrennanSupreme Court of Pennsylvania · 1888

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