Hofius v. Hofius
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Mercer county: Of October and November Term 1879, No. 376. Case stated for the opinion of the court, where John J. Hofius was plaintiff, and Maria, Laura and Julia Hofius, by their guardian, O. G. Hofius, were defendants. The facts as stated were substantially these: John Hofius died July 17th 1874, leaving a widow, nine children and eight grandchildren, the children of three deceased daughters.
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Error to the Court of Common Pleas of Mercer county: Of October and November Term 1879, No. 376. Case stated for the opinion of the court, where John J. Hofius was plaintiff, and Maria, Laura and Julia Hofius, by their guardian, O. G. Hofius, were defendants. The facts as stated were substantially these: John Hofius died July 17th 1874, leaving a widow, nine children and eight grandchildren, the children of three deceased daughters. He died seised of three farms, one of one hundred acres in Hocking township, one of one hundred and thirty acres in Rymahoning township, and the other of forty…
1Opinion of the CourtJustice Trunkey
The learned judge of the Common Pleas truly said, “It should not be, and never is, presumed that a testator intended to die intestate of any portion of his estate, if a contrary intention can be fairly deduced from the language of his will.” And he might have added, “ No presumption of an intent to die intestate, as to any part of the estate, is to be made, when the words of the testator will carry the whole:" Raudenbach’s Appeal, 6 Norris 51; Stewart’s estate, just decided, opinion by Gordon, J. “Estate” signifies the property a person possesses, both real and personal; “ property of all…
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