Wills — Construction — Legacy to grandchildren held not to include great-grandchildren — Clause directing liberal construction.
A devise to grandchildren will not be construed to include "great-grandchildren," children of deceased grandchildren, unless it clearly appears from the context to have been the meaning of the testator or unless the will would otherwise be inoperative.
Testator gave to each of the children and issue of deceased children of his three brothers and two sisters income of $60,000 for life, with remainder at the death of each to his or her issue attaining twenty-one years, provided that, if any child die without leaving issue living at the time of his or her death, the principal should be divided among the grandchildren of his other brothers and sisters then living per capita and not per stirpes, to be paid on their attaining twenty-one years. One of the life tenants died without leaving issue. Under such circumstances, the ruling of the court below to the effect that the fund should be distributed among the living grandchildren of the other brothers and sisters to the exclusion of great-grandchildren, children of deceased grandchildren, will not be disturbed.
A clause inserted in a last will and testament to the effect that the said last will and testament shall receive a liberal construction will be disregarded where it does not have any special relevancy to a question based upon the interpretation of specific portions of the will.
Argued October 9, 1923.
PER CURIAM, November 19, 1923:
Upon full consideration of the questions raised by these appeals we are satisfied that the court below correctly interpreted the clause of the will in litigation, and the decree appealed from is affirmed, at the costs of the appellants, upon the opinion of the orphans' court dismissing the exceptions to the adjudication.