188 Pa. 374 | Pa. | 1898
Opinion by
A certain writing, a copj- of which is herein given, was admitted to probate by the register of wills of Washington county as the last will and testament of Eliza J. Gaston; thereupon the heirs at law of the alleged testatrix petitioned the orphans’ court for leave to appeal from the decision of the register for the following reasons: Because the said writing is not the last will and testament of Eliza J. Gaston, in that: (1) The pro
The court, by proper process, brought all the parties interested before it, and after full hearing, upon due consideration, being of opinion that the writing was not the last will and testament of Eliza J. Gaston, vacated and set aside the probate. From that decree, we have this appeal. The following is a copy of the alleged will, as nearly as the same can be made to appear in ■print: ■
“ Dec 13 1893
it my wish
two
that Mrs. Weller the a houses and lots the ten acers for the four boys Em Frank Lue and Paul Mrs Weller pay Eliz Mell 1500 Mr Shipply pay to Poty Johnston 500 his debt and Callie Abell 500 dollars Mrs Shipply the other 500 Lucid 500 Chatty Uneel 500 My sisters 4000 apeace Mary Abell Agness Snodgrass Mary E. Anderson 1000 Ed Weller keeps what he got Lone to pay Evert Abell 500 And keep the blancé
“ E. J. Gaston.”
Two questions are raised by this paper which must be answered before decree: 1. Is this a will? That is, was it intended to be a disposition of property to take effect after death ? 2. Is it so- certain and definite as to be capable of intelligent interpre
In cases such as this precedents rarely afford much aid. We start with the settled principle controlling the adjudication in all of them, namely, from the language of the paper itself, and the circumstances surrounding its execution and preservation, did the author of it intend the writing to be a disposition of his or her property to take effect after death ? The absence of sameness of expression and the wide variations in facts in nearly all cases compel a conclusion from the language and circumstances of the particular case. It seems to us Knox’s Estate, 131 Pa. 220, approaches nearer this paper in character than any of the others cited. The writing in that case did not in words express that it was a will; it was in pencil on an ordinary sheet of letter paper, found in the deceased’s portfolio, which last was in a cupboard in the room where she died; although there were many bequests, not a word announced the paper to be a last will. In the beginning the testatrix says: “ A few little things I would love to have done.” She does not sign it with her full name, but merely, “ Harriett.” One of the directions is testamentary by inevitable inference: “ Please have just my baptismal names on stones.” In the opinion of this Court, delivered by Justice Mitchell, it is said: “The writing in question is clearly testamentary. Although it does
Is the writing so definite as to be capable of interpretation and enforcement ? It may be conceded that without additional knowledge to that disclosed in the writing distribution could not be made with certainty; but that is because the court, without evidence dehors the will, cannot identify the subject of the devise or bequest and the beneficiary. Everything was clear to the testatrix and, doubtless, the will is clear to the relatives and friends interested, notwithstanding the meagerness of description, for their familiarity with the property and the persons needs but a suggestion to identify both. Take the first devise, “Mrs. Weller the two houses and lots.” It appears from the evidence that a Mrs. Weller had been reared in her house, married and had a family; a close intimacy like that of parent and child continued between them until the death of testatrix. Who doubts that this woman is the devisee? The testatrix owned two houses and lots only a few feet apart, in one of which testatrix lived, and in the other Mrs. Weller; they visited each other daily; thus pointing with reasonable certainty to the subject of the devise, and the evidence upon that question for final determination may be made absolutely .certain. “ The ten acres for the four boys, Em, Frank, Luo and Paul.” Mrs. Weller has four sons known by these names. Does any one doubt who are the devisees of the ten acre lot? And so of all the devises and legacies; parol evidence cannot be adduced to change or supply an intent not expressed, but may be heard to identify the property and legatee named by the testatrix. We think, on proper inquiry by the learned court below, the true interpretation of this will will be demonstrable, and the effect given it, that the testatrix intended by the words she used.
For the reasons given, the decree of the court below vacating and setting aside the probate is reversed, leaving to stand as originally entered the order of the register; costs to be paid out of the estate.