275 Pa. 420 | Pa. | 1923
Tbe present case was before tbe court below on an appeal from an order of tbe register of wills, probating an alleged will; tbe order was reversed, and one claim
The opinion of the court below states the relevant facts as follows: “Francis Satar entered the service of the United States in its war against Germany, and was taken to the military camp at Fort Thomas, near Newport, Kentucky, in October, 1918. At the time of induction into the service, he was living with his father, and stepmother, Mary Belle Satar, in the City of New Castle. He took out insurance from the United States Government, which provided for payments, in case of his death, of $57.50 per month, from October 16, 1918, to October 16, 1938, naming his stepmother, Mary Belle Satar, as beneficiary. While in the military camp, he became ill with pneumonia and died. In response to a telegram, his father, Frank Satar, and one Thomas Cook visited him at the camp, where Francis Satar, while suffering from his illness, and a few minutes before his death, in the presence of Frank Satar and Thomas Cook, made the following [oral] statement: ‘Don’t worry, father, I all right. I insure myself for you, father, for ten thousand dollars.’ On July 12,1919, this statement [reduced to writing] was probated by the register as the last will and testament of Francis Satar.”
Appellant seeks to sustain the alleged will, not as within the usual requirements of the Act of 1917, P. L. 403, section 4, governing nuncupative wills, but as within section 5 of that statute, which provides, “Notwithstanding this act, any mariner being at sea, or any soldier being in actual military service, may dispose of his movables, wages and personal estate as he might have done before the making of this act.”
We agree with the view of the learned president judge of the orphans’ court1, that the words spoken by Francis Satar to his father, relied upon by the latter as his son’s will, cannot be held testamentary in character, and we affirm on the following excerpt from the opinion of the court below: “At the time the alleged words were spoken
The order appealed from is affirmed at cost of appellant.