39 Pa. Super. 323
Superior Court of Pennsylvania
Decided April 19, 1909
Superior Court of Pennsylvania · decided 1909-04-19
Appeal, No. 18, March T., 1909, by C. Vernon Rettew, Administrator of the Estate of Florence R. Rettew, deceased, from decree of O. C. Cumberland Co., sustaining exceptions to report of auditor in Estate of Christian Long, deceased. Exceptions to report of J. M. Rhey, Esq., auditor. The facts are stated in the opinion of the Superior Court. Error assigned was decree sustaining exceptions to report of auditor.
Reversed · Decided 1909-04-19
¶1dissenting:
¶2While it is true that in the construction of wills, the courts favor that construction which, consistently with the words of the instrument, will give a vested rather than a contingent estate, yet this, like all other similar canons of construction, is subservient to the great rule as to the intent. Viewing this will as a whole, I am led to the conclusion reached by the learned judge below as to the intention of the testator, and therefore would affirm the decree.