Appeal, 141 | Pa. | Apr 21, 1942
This is an appeal from a decree of the court below affirming the action of a register of wills in refusing probate to two certain writings as the last will of James N. Davis, deceased. The decree must be affirmed.
James N. Davis died December 11, 1938, a resident of Philadelphia, leaving $8,320 on deposit in the Philadelphia Saving Fund Society, and the premises in which he lived. Four days previous to his death, while ill in bed, Davis sent for Martha Bowling who kept house for Mary Hill, and in response Martha went to the Davis home. Mary Hill was a friend of Davis and was always referred to by him as Sister Mary. Davis there stated to Martha that he was going to the hospital and then sat down at a dresser and wrote this letter: "Phila., Pa. Dear sister Marry I want you take care of my bank Book if I die turn it over to James N. Davis 2204 Ingersoll S." He then took from the dresser a card on which he had written in his own handwriting: "Thelmer Moore 113 Second St New Rochell New York". The obverse of the card had on it in printing: "REV. J. C. HARRIS Distributor for Laly Mineral Compound The Tonic for Constipation, Indigestion and many other ailments 1861 Judson St. Philadelphia, Pa."
He placed a bank book showing deposits in Philadelphia Saving Fund Society in the fold of the letter "and the card up on it and put rubber bands around it." He then placed the whole package in a large book of a religious nature and handed it to Martha saying: "Turn my bank book over to Sister Mary and if I should die I *522 want Thelma Moore to get my money in the bank." Those facts are supported alone by the testimony of Martha Bowling. Thelma was a favorite second cousin of Davis living in New York and was unknown to Mary and Martha. The package was in due course delivered to Mary and, after the death of Davis, to Thelma who offered the papers for probate.
A will may be written on several detached or loose sheets of paper and the papers will be given effect as a last will "if they can be coherently read as a will, that is, contain nothing incongruous or out of harmony in the general conception as a will, or if the several parts suit, fit in and are adapted as a will . . . provided the several pages be connected by their internal sense": Maginn's Est.,
In Seiter's Est.,
The letter and card offered here are not connected or correlated in their internal sense. The only completed thought in the letter is a request that the bank book be placed in the care of Sister Mary and the card expresses *523 no thought, with the result that there cannot be and is not any connection between the two. There is nothing in either letter or card that refers to any matter or thing in the other. The name of Reverend Harris printed on the card would supply the same deficiency in the letter as would the name of Thelma Moore. There is no identification of the card showing that it is any part of a will. Any scrap of paper upon which decedent had written a name and address would disclose the same connection of sense with the letter as would the name of Thelma Moore, if attention is confined to the papers.
If such papers as are offered here could be held to constitute a will the statutory requirement governing the execution of wills would cease to be of any force and unlimited opportunity for fraud would be afforded. It is not necessary to enlarge upon the subject to show how readily a will could be changed by designing persons if unidentified and unrelated writings on scraps of paper could be gathered together to form a last will.
The conclusion reached here is in harmony with that arrived at in Baker's Est.,
Fosselman v. Elder,
In view of the result reached the questions raised as to who are the next of kin and heirs of the decedent are matters for consideration on the distribution of the estate that do not interfere with a present disposition of the controversy as to the probate of the papers presented.
The decree of the court below is affirmed, costs to be paid from the estate of the decedent.