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10 Pa. D. & C. 69

Thompson's Estate

Pennsylvania Orphans' Court, Philadelphia County · decided 1928-01-20

Relies on Minter's Appeal

Decided 1928-01-20

Henderson, J.,

¶1A careful examination of the record and of the briefs convinces us that the action of the Auditing Judge is correct and for the reasons given by him. Section 15 (b) of the Wills Act of June 7, 1917, P. L. 403, is remedial and should be liberally construed.

¶2The doctrine of Minter’s Appeal, 40 Pa. 111, is followed in many other jurisdictions: See 3 Am. Law Reps. 1682.

¶3We must presume that the testator knew the law, and, hence, if he had a doubt as to whether his nephew, John Lynn, survived the execution of the *71will, he knew that at least the nephew’s children would be substituted under this doctrine.

¶4The exceptions are dismissed and the adjudication is confirmed absolutely.

Lamorelle, P. J., was absent.
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