This is an appeal from the decree of the Chancery Court of Oktibbeha County wherein that court by its decree refused to admit to probate an instrument offered as the holographic will of Louis William Martin, deceased, for the reason that it was conditional in its operation and effect, and contingent upon decedent being killed or dying in an accident.
Martin died of natural causes on May 5, 1963, never having married, and his sole heirs at law are two brothers and two sisters, namely, Frank T. Martin, Sr., Roy Martin, Mrs. Lelia Martin Williams, and Mrs. Ruth Martin Hill. After his death the four heirs petitioned the Chancery Court of Oktibbeha County for letters of administration, and that court entered a decree appointing Mrs. Williams adminis-tratrix of the estate. Some time later the writing here in question was found in a personal wallet of decedent, and the ad-ministratrix petitioned the chancery court to probate it as a holographic will.
The contested instrument, written in the hand of decedent and subscribed by him, was dated April 12, 1955, September 7, 1960, and 9-7-60. It reads as follows:
To Roy, Frank, Ruth & Sis:
In event that I should get killed I want Roy and Frank to have my interests in the Store Home and Colored Funeral home without litigation or law suit of any kind. I give them this.
In case of accident give to Mrs. Beatrice Kidd Brown of Memphis Tenn $2000.00 of my bonds She is at the Belmont Cafe Memphis Tenn The rest divided equally between the four of you
Mrs. E. C. Brown, appellant here and a friend of the decedent, is the person to whom the $2,000 bequest was made. She answered the petition to probate, requested that she be allowed to join in the petition, and also sought construction of the will favorable to her.
Appellant urges that the words “in event I should get killed” and “in case of accident” indicate testamentary intent merely, and that the chancellor erred in holding that the will was contingent upon decedent’s dying of other than natural causes. Appel-lee contends that the words are conditions upon which the operation of the will was contingent.
Mrs. Hill objected to the admissibility of the stipulated testimony of Mrs. Harris on the grounds that the declarations of a testator are not admissible as evidence to add to, explain or in any manner control or affect the construction of a will. See Old Ladies’ Home Ass’n v. Miller,
One of the cases relied upon by appellant is Redhead v. Redhead,
Realizing the uncertainty of life at all times, and the dangers incident to travel, I leave this as a memoranda of my wishes should anything happen to me during my intended trip to Buffalo and other places. (83 Miss. at 143 ,35 So. at 761 )
This Court held that the language used was used merely for making the will and not for making or imposing a condition, Stating:
The dangers incident to his contemplated journey, together with “the uncertainties of life at all times,” were the occasion of his execution of this instrument, and its validity was not contingent upon his death abroad. (83 Miss. at 143-144 ,35 So. at 761 )
Appellant urges that this Court adopt a position that a condition is not implied from indefinite language and in doubtful cases the Court should favor the construction that the will is unconditional, under the reasoning set out in 57 Am.Jur. Wills § 672:
The general rule of construction that favors an interpretation which will prevent intestacy operates to require that a will be construed to be unconditional in case of doubt on that score.
* * * If the language used in a will can by any reasonable interpretation be construed to mean that the testator referred to a possible danger or threatened calamity only as a reason for making his will at that time, the courts incline toward holding that the will is not contingent*832 upon the occurrence of such danger or calamity.
Also cited by appellant is the case of Re Tinsley’s Will,
In Davis v. Davis,
In Magee v. McNeil,
In the recent case of Methodist Church of Sturgis, Inc. v. Templeton,
* * * for the reason that in that case the testator intended for the will to take effect without a condition, because he expressly used the words: “Realizing the uncertainty of life at all times, and the dangers incident to travel, I leave * * The validity of the writing was not contingent upon his death abroad. It appointed adminstrators and made elaborate disposition of his estate. (181 So.2d at 133 )
Like other cases cited by appellant, it is distinguishable and not applicable in the present case.
In the case at bar it should be noted that decedent was ' a mature man involved in business activities. He chose the words used in the testamentary letter to his brothers and sisters. In that letter he used phrases not once but twice regarding death other than by natural causes. As was stated in Magee v. McNeil,
The condition is plainly expressed. There being no latent ambiguity, the intention is to be collected from the language employed, and that language is unequivocal. The event having happened upon which the existence and operation of the testamentary disposition depended, the will became inoperative and void, and ought not to have been admitted to probate.
We are unable to treat the provisions of the instrument in question as being descriptive of the motives which induced Martin to make a will, and following the
For the reason stated, the decree of the trial court is affirmed and remanded.
Affirmed and remanded.
