Davis' Estate

Sinkler, J.,

Crumrine, P. J. (O. C. of Washington County, Pa.), in McElree’s Estate, 12 D. & C. 677, comments upon .the “common remark that the decisions on the question as to when beneficiaries under a will are to take per capita and when per stirpes are in hopeless confusion.” He says that, while this applies to the law of this State, the confusion is more apparent than real and results from the slight difference in the facts of the particular cases.

In the present case, the auditing judge has made a careful analysis of the clause in the will to be construed and of the applicable cases. He…