This case is ruled by the decision in McDonald et al. v. Dunbar et al., 20 W. N. C. 559 (1887), where the testator employed two model clauses in disposing of his estate among his numerous children; the first type embodied a gift to a named son and was referred to in the other clauses containing gifts to other sons, the phrase being “in the same manner & way & under the same incumbrance that I have left my son James his land”, etc.; the second type he employed
We find that the auditing judge has correctly construed the intention of the testatrix derived from an examination of the will. The conclusion reached executes the clearly-expressed plan whereby testatrix distributed her estate; (1) among her children, the primary objects of her bounty in the residuary clauses; and (2) to her grandchildren, separating the lines unmistakably in the earlier paragraphs.
This conclusion is consonant with the decisions in Tomlinson’s Estate, 61 Pa. Superior Ct. 23, and in Schleich’s Estate, 286 Pa. 578, where “heirs” to take “parent’s” share was construed to mean children; also, with Braden v. Cannon, 24 Pa. 168, and Christy’s Estate, supra, where there being a gift over should A die without “heirs”, then to persons who are his collateral heirs, “heirs” means “heirs of the body”. In Linn et al. v. Bowman, 77 Pa. Superior Ct. 261, the court held that “heirs” and “children” can be used interchangeably to carry out the clearly-expressed intention of the testatrix.
The exceptions are dismissed and the adjudication is confirmed absolutely.