ESTATE OF SYKES


477 Pa. 254 (1978)

383 A.2d 920

ESTATE of John P. SYKES, Deceased. Appeal of Robert SYKES, attorney-in-fact for Benjamin Sykes, intestate heir of John P. Sykes, Deceased.

Supreme Court of Pennsylvania.

Decided March 23, 1978.


Attorney(s) appearing for the Case

Bruce D. Lombardo, Philadelphia, for appellant.

Annis K.S. Delamere, John S. Pierson, Richard M. Gillis, Jr., Philadelphia, for appellees.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX, MANDERINO and LARSEN, JJ.


OPINION OF THE COURT

ROBERTS, Justice.

We hold today that where a testator has not clearly expressed an intention to limit inheritance under his will to individuals of blood descent, it is presumed that he intended to include adopted children as beneficiaries of a bequest to "issue."

On December 26, 1935, testator, John Sykes, executed a will in which he bequeathed part of his estate to his niece, Annis Kershaw Sykes, and the residue to Annis Kershaw...

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