Harris Estate

Dissenting Opinion by

Mr. Justice Allen M. Stearne:

I am in complete disagreement with this decision.

Testator, by his will and codicil, in plain and unambiguous language, bequeathed to his widow a share in his estate as measured by the Pennsylvania Intestate Act of June 7, 1917, P. L. 429, 20 PS section 1. The majority reject this interpretation. They create a supposed ambiguity in the language of the codicil where none exists. They then reform the testamentary disposition. An implied intent is attributed to testator to disinherit his widow, with an added supposed expression of knowledge on his…