Lauer v. Hoffman
Supreme Court of Pennsylvania
Appeal, No. 414, Jan. T., 1912, by plaintiff, from judgment of C. P. Berks Co., Nov. T., 1912, No. 36, in case of Frank Lauer v. Susan Elizabeth Hoffman and Charles P. Hoffman, her husband. Case stated to determine marketability of title to real estate. Before Endlich, P. J. The opinion of the Supreme Court states the case. Error assigned was in entering judgment for defendant on case stated.
1DissentJustice Mestrezat
We have uniformly held, as stated in the recent case of Wood v. Schoen, 216 Pa. 425, 428, that the purpose in construing a will is to ascertain the intention of the testator, so that it may be carried out in the disposition which he has made of his property. Technical rules of construction should only be resorted to and applied in the interpretation of a will when found necessary in determining the meaning of the instrument. In the present case there can be no doubt of the intention of the testator. In fact the majority opinion states that it is clear that the testator intended to give to his…
2Cases cited9 opinions
- Sheets' EstateSupreme Court of Pennsylvania · 1866
- Guthrie's AppealSupreme Court of Pennsylvania · 1861
- Wood v. SchoenSupreme Court of Pennsylvania · 1907
- Good v. Fichthorn, Pennsylvania Court of Common Pleas, Lancaster County1891
- Shower's EstateSupreme Court of Pennsylvania · 1905
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