Torbert v. Twining
Supreme Court of Pennsylvania
Case stated for the opinion of the court. David Twining made his will, dated 25th October 1791, and therein (inter alia) devised.as follows: “Item, I give and “devise to my daughter Beulah,” (one of the plaintiffs) “the ‘1 use, issues and profits of my lands and tenements, not al- “ ready bequeathed, situate in the township of Newtown in “the county of Bucks and state of Pennsylvania, to hold to “her during her natural life, and no longer; but if she should “have issue to…
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Case stated for the opinion of the court. David Twining made his will, dated 25th October 1791, and therein (inter alia) devised.as follows: “Item, I give and “devise to my daughter Beulah,” (one of the plaintiffs) “the ‘1 use, issues and profits of my lands and tenements, not al- “ ready bequeathed, situate in the township of Newtown in “the county of Bucks and state of Pennsylvania, to hold to “her during her natural life, and no longer; but if she should “have issue to live to the age of 21 years, and there should “be two or more male heirs, then my will and mind is, that “it should be…
1Opinion of the CourtM’Kean, C. J.
Unquestionably the intention of the testator is the great polar star by which we must regulate our construction of wills. But this construction must be bounded by the words of the will itself. . The general rule has uniformly been, that unless the intent can be collected from the words, it is in vain to urge it; for otherwise we should be making a man’s will, not construing it. Vid. 1 Atky. 373, 374. We may, with Lord Talbot, (Forrest. 343,) “privately ‘1 think, ’ ’ that the devise to Mrs. Torbert, was for her separate use; but “we are not at liberty by private opinion, to “make a…
2Cited by8 opinions
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- Heck v. ClippengerSupreme Court of Pennsylvania · 1847
- Jamison v. BradySupreme Court of Pennsylvania · 1821
- Caldwell v. Pickens' Adm'rSupreme Court of Alabama · 1864
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