McFillin's Estate
Supreme Court of Pennsylvania
McFillin's Estate, 235 Pa. 175 (Pa. 1912)
83 A. 620; 1912 Pa. LEXIS 522
Brown, Elkin, Mestrezat, Moschzisker, Pee, Potter
McFillin's Estate
Opinion of the Court
Tbe thoroughly settled rule of construction is that where a testator directs that in a certain event after the expiration of a particular interest the estate shall go to his heirs or next of kin, or to the persons who would take under the intestate laws, he is to be understood as meaning the persons who would have so taken at the time of his death, and not at the time appointed for their taking, unless a different intent is plainly manifested in his will: Buzby’s Appeal, 61 Pa. 111; Stewart’s Estate, 147 Pa. 383; Fitzpatrick’s Estate, 233 Pa. 33. Nothing in the will before us shows a clear intent of the testator that his next of kin were not those who were such at the time of his death, and the decree is, therefore, affirmed with costs.
Reference
- Cited By
- 21 cases
- Status
- Published
- Syllabus
- Wills — Construction—Remaindermen. 1. Where a testator directs that in a certain event after the expiration of a particular interest, the estate shall go to his heirs and next of kin, or to the persons who would take under the intestate laws, he is to be understood as meaning the persons who would have taken at the time of his death, and not at the time appointed for their taking, unless a different intent is plainly manifested in his will. 2. Where a testator leaves one-fourth of his residuary estate in a spendthrift trust for his son for life, and upon the son’s death without issue, to pay and distribute the principal to such persons as should be entitled as the testator’s next of kin, the testator intends his next of kin as of the date of his death and not his next of kin as of the date of the death of the life tenant.