Swift v. Duffield
Supreme Court of Pennsylvania
Case Stated. JOHN SWIFT, the grand-father of the plaintiff, made his last will on the 27th December, 1813, and died on the 29th of the same month, leaving both real and personal estate5 anc^ five grand-sons, and two grand-daughters, the children of his son Edward, deceased, and one grand-daughter, Elizabeth Vanbeuren the child of a deceased daughter.
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Case Stated. JOHN SWIFT, the grand-father of the plaintiff, made his last will on the 27th December, 1813, and died on the 29th of the same month, leaving both real and personal estate5 anc^ five grand-sons, and two grand-daughters, the children of his son Edward, deceased, and one grand-daughter, Elizabeth Vanbeuren the child of a deceased daughter. The saj(j Edward Swift, the only son of the testator, and father of the plaintiff, died on the 26th December, 1813. At the period °f the death of John Swift the testator, the widow of his son Edward, was enseint with a child, who was born in…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan J.
Where the intention of a testator is ambiguously expressed, the time of making the will; the state of the property; and situation of the family, are often resorted to in aid of its construction. If it were necessary here to have such resort, all the circumstances conspire to shew, who were intended by the testator, under the denomination of “ my grand-children, the children of my son Edward.” Edward, the only son of the testator, died on the 26th September, 1813, leaving seven children then born, and his wife pregnant. The testator made his…
2Cited by2 opinions
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- Wells v. RitterSupreme Court of Pennsylvania · 1838