Bender's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Philadelphia. The testatrix by her last will made a bequest in the following words:— “Item. I give and bequeath to each of the brothers of my cousin, Eachel Lewis, deceased, of the name of Thomas, one hundred dollars apiece.”
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Appeal from the decree of the Orphans’ Court of Philadelphia. The testatrix by her last will made a bequest in the following words:— “Item. I give and bequeath to each of the brothers of my cousin, Eachel Lewis, deceased, of the name of Thomas, one hundred dollars apiece.” In a subsequent clause of her will she made the following provision as a substitute for the foregoing:— “And the remaining equal fourth part of my said residuary estate I give, devise and bequeath -to the brothers‘of my late cousin, Eachel Lewis, of the name of Thomas, and to Dr. Benjamin Howell, of New Jersey, husband of…
1Opinion of the Court
The opinion of the court was delivered
by Lewis, C. J.
The words “ equally to he divided,” when used in a will, mean a division per capita and not per stirpes, whether the devisees be children and grandchildren, brothers or sisters and nephews and nieces, or strangers in blood to the testator. But where the will is silent in respect to the manner in which the legatees are to take, if the next of kin of the person described be not related to the testator in equal degree, those most remote can only claim per stirpes. Roper on Leg. 161." Upon questions of this kind the expression of each will must…
2Cited by10 opinions
- Gilmor's EstateSupreme Court of Pennsylvania · 1893
- Davis's EstateSupreme Court of Pennsylvania · 1935
- England EstateSupreme Court of Pennsylvania · 1964
- Worstall's EstateSuperior Court of Pennsylvania · 1936
- Brundage's EstateSuperior Court of Pennsylvania · 1908
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