Wraught's Estate

Stearne, J.,

dissenting. — I am unable to join with the majority. The intention of the testator is the polar star in the construction of wills: Sarver’s Estate, 324 Pa. 349. Such intent is to be gathered from the whole will: Williamson’s Estate, 302 Pa. 462. Canons of construction cannot defeat clear and unequivocal expressions of intention: Line’s Estate, 221 Pa. 374; Groninger’s Estate, 268 Pa. 184; and Weir’s Estate, 307 Pa. 461.

In my view, reading the will from its four corners, testator did intend that the death of the wife before actual distribution should divest her of the estate. This…