9 A.2d 377 | Pa. | 1939
This is an appeal from the decree of the Orphans' Court, dismissing an appeal from the order of the Register of Wills, admitting to probate a writing as the last will and testament of the decedent, Walter C. Williams. The writing was testamentary in character and was executed in accordance with the Wills Act of June 7, 1917, P. L. 403, Sec. 2, 20 PS Sec. 191. It consisted of two typewritten sheets of paper and a blank sheet, constituting the first page, all of which were joined together by eyelets. The writing was dated December 31, 1925. At the time it was offered for probate, there was written, in the decedent's handwriting, on the blank or first sheet, the following: "if I should die befor I have a other will made I wand my estate to be divided amongst my three sisters M. Bessie M. Star Nancy Bakewell Jessie M. Beals." At the top of the second sheet, also in testator's handwriting, was written: "this will to be distroyed this is the March 22: 1932." It was agreed that the foregoing were written subsequent to the execution of the will.
Appellant contends that this handwriting constituted an effective revocation of the will.
Section 20 (a) of the Wills Act, supra, 20 PS Sec. 271, provides: "No will in writing, concerning any real estate, shall be repealed, nor shall any devise or directions therein be altered, otherwise than by some other will or *237 codicil in writing, or other writing declaring the same, executed and proved in the manner hereinbefore provided; or by burning, canceling, obliterating, or destroying the same. . . ." Section 20 (b), 20 PS Sec. 272, provides: "No will in writing, concerning any personal estate, shall be repealed, nor shall any bequest or direction therein be altered, otherwise than as hereinbefore provided in the case of real estate. . . ."
Under similar provisions in earlier acts it was held that unsigned writings, on the margins, back or other parts of the paper on which the will was written, even though written after the will was executed and expressing an intention that the will be revoked, were not effective, and that the will should be probated and the subsequent writings disregarded: Lewis v.Lewis, 2 W. S. 455; Heise v. Heise,
Appellant lays great stress upon the decision in Evans'sApp.,
Decree affirmed at appellant's cost. *238