Wood v. Schoen
Supreme Court of Pennsylvania
Appeal, No. 127, Oct. T., 1906, by defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1906, No. 100, for plaintiffs on case stated in suit of James S. Wood and Fannie J. Wood, his wife, Allen B. Wallace, Elizabeth S. Wallace, Mary Scott and S. W. Dana and Richard F. Dana, Executors of the estate of Catharine N. Scott, deceased, v. W. H. Schoen. Case stated to determine the marketable title to real estate.
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Appeal, No. 127, Oct. T., 1906, by defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1906, No. 100, for plaintiffs on case stated in suit of James S. Wood and Fannie J. Wood, his wife, Allen B. Wallace, Elizabeth S. Wallace, Mary Scott and S. W. Dana and Richard F. Dana, Executors of the estate of Catharine N. Scott, deceased, v. W. H. Schoen. Case stated to determine the marketable title to real estate. Before Sharer, J. From the record it appeared that the defendant agreed with plaintiffs to purchase a lot of land in the second ward of the city of Pittsburg. The land formerly…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
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 wills when found to be necessary in determining the meaning of the instrument, so as to effectuate the purpose of the testator. If the language employed by him in disposing of his estate is plain and clearly discloses his intention the will interprets itself, and hence no rules of construction are…
2Cases cited3 opinions
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- Carson's EstateSuperior Court of Pennsylvania · 1937
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