162 Pa. 520 | Pa. | 1894
Opinion by
A connected statement of the facts relating to the two wills signed by Mary Cawley will reduce the ground of controversy in this case within very narrow limits. Benjamin and Mary Cawley were brother and sister. Both were unmarried. They had lived together for many years, and in 1886 were both aged and infirm. The house in which they lived belonged to Benjamin and was worth some three or four thousand dollars. Mary owned some bank stock amounting to near the same sum. Their furniture seems to have been owned in about equal parts by each of them. It is apparent that in 1886 both of them realized fully that they had not long to live, and that the survivor of them would need all that both owned in order to his or her comfort during the survivorship. They accordingly sent for counsel and had a will prepared to be executed by both, so that the estate of the first to die should pass to the survivor for life, and disposing of the remainder in a manner that was at the time satisfactory to both. They executed this
The answer made by H. B. Cawley was, in substance, that the double will was a contract as well as a will, and that it was not in the power of Mary to revoke it after the death of her brother and its probate as his will. This was the question heard and determined in the court below on that appeal. It was the only question heard and determined in this court when the appeal was heard here : Cawley’s Appeal, 136 Pa. 628. The learned judge of the orphans’ court held that the double will was revocable notwithstanding the death of Benjamin Cawley, and that the legal execution of a later will amounted to a revocation. From this ruling H. B. Cawley, executor named in the double will, appealed to this court. He sought to maintain the position, taken in the court below, that Mary Cawley could not revoke the double will, but was bound by it as to her separate estate by her acceptance of a life interest under it from her brother. The appellee contended on the other hand that the will signed by Benjamin Cawley and his sister was revocable by either, and that the decree of the orphans’ court should be affirmed. This was the precise question raised and determined. In concluding the opinion in Cawley’s Appeal we said that the double will was revocable by the testators in the same manner that separate wills would have been, and added:
The decree appealed from is reversed and the record remitted for further proceedings in accordance with this opinion.