Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

FREDERICKA ALLEN SHEARIN, respondent, v. ALICE ALLEN et al., appellants.

1. The fundamental principle underlying all construction and interpretation of wills is to carry out the intention of the testator, if not illegal, as ascertained from the will.

2. The words "in equal shares," standing alone in a will, create a gift in severally with all donees taking as tenants in common. But where, as here, the will provides that donees should take "as joint tenants and not as tenants in common," the donees take as joint tenants with the right of vesting the whole interest in the survivor who does not die before the testator.

PER CURIAM.

The decree under review is affirmed, for the reasons expressed in the opinion of Vice-Chancellor Lewis, ubi supra. For affirmance — THE CHIEF-JUSTICE, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, COLIE, OLIPHANT, WELLS, RAFFERTY, DILL, FREUND, McGEEHAN, JJ. 14.

For reversal — None.

Use AI to get other relevant cases.

Comments

SHEARIN v. ALLEN
(Sep 27, 1945)