This estate comes before the court upon certification by the register of wills that a difficult and disputable question has arisen as to the grant of letters. The record so certified by the register of wills indicates that on December 12, 1955, Joseph Kling, Jr., petitioned the register of wills for letters of administration upon the assets comprising the estate of his father, Joseph Kling, Sr., who died on November 16, 1955, a resident of Upper Moreland Township, Montgomery County. On December 17, 1955, Helen J. Jones, daughter of decedent,
“Joseph Kling Jr.
“If anything happens to me take over it is yours my wife Helen Ruth gets nothing
Your Father Pop”
No further steps were taken by the register of wills . aside from certifying this record to the orphans court on June 11, 1956.
On June 14, 1956, counsel for proponents and for the caveators filed a stipulation in which they agreed that the questions to be resolved by the court are:
1. Is the above writing testamentary in character?
2. Is it “signed by the testator” within the meaning of section 2 of the Wills Act of April 24, 1947, P. L. 89?
3. Does the writing effectively specify disposition of the corpus of decedent’s estate?
Hearings on these questions were held on July 6, July 20 and July 27, 1956.
Is This Writing Testamentary in Character?
Blackstone defined,a will as a “legal declaration of a man’s intentions, which he wills to be performed after his death”, and this definition is still the law of Pennsylvania. Thus a writing is testamentary in character if it appears that it was decedent’s purpose to make a posthumous gift. I have little difficulty in concluding that the language of the above disputed writing indicates that such was decedent’s intention. The words “if anything happens to me” are a clear
Although it is apparent that the writing on its face is testamentary, in an abundance of caution extrinsic evidence was heard pertaining to the testamentary character of the writing and its consequent appropriateness for probate and also to aid the court in determining whether testator had made an effective testamentary disposition. “. . . if we find that the disputed paper was written by the decedent, intending that it should be her will it is probatable, with its meaning a matter of will construction, even though, when construed, it may not constitute an effective testamentary disposition. Burtt Will, 353 Pa. 217; Tranor’s Estate, 324 Pa. 263”: Kauffman Will, supra, 561.
From the extrinsic evidence adduced, it was established that the disputed writing was found on page 70 of a book in which decedent kept a record of all his important transactions, for example, the record of his wages, names and birthdates of his children, and a list of certain bonds. In addition the location of the book is significant. The book was found in decedent’s bedroom on a shelf with other important papers all of which were kept under lock and key. It would seem natural to conclude that this location would be appro
Caveators called several witnesses to testify that decedent on various occasions had stated that he had no will. Other witnesses indicated that testator had made contrary statements to them. The conflict is unimportant in view of the established principle of law that if a writing is in legal effect a will, understanding of testator to the contrary is immaterial: Thompson Will, 375 Pa. 193.
In view of the nature of the writing in question and the extrinsic evidence adduced at the hearing I conclude that the writing is testamentary in character. Is the Writing “Signed by the Testator” Within the
Meaning of section 2 of the Wills Act of 191,7?
Section 2 of the Wills Act of April 24, 1947, P. L. 89, reads in parts pertinent:
“Every will, . . . shall be in writing and shall be signed by the testator at the end thereof. . . .”
It is unnecessary for a testator to sign his full name at the end of a will in order to make it effective. The test is whether or not what is offered as a purported signature was made by testator with the intent that such be his signature. It is apparent from the writing that the word “Pop” appears “at the end thereof”. The question then is simply whether testator intended that the word “Pop” be his signature. Extrinsic evidence is admissible to aid in such determination: Kehr Will, 373 Pa. 473.
There is no doubt that the word “Pop” is in the same handwriting as the other words appearing in this holographic will. There is a conflict in the testimony as to whether decedent referred to himself as “Pop” or by other appellations such as “Dad” or “your father”. This conflict is understandable in light of the family relationships existing between decedent, the
Does the Writing Effectively Specify Disposition of the Corpus of Decedent’s Estate?
The key to determining whether or not this writing is dispositive are the words “it is yours”. The question is simply, what did testator mean by the word “it”? This pronoun, standing alone, conveys no meaning whatsoever. It is only the juxtaposition of this word to others in the same context that lends any significance to this term. If at all possible it cannot be assumed that testator intended the word to be a superfluity and therefore treated as a nullity. Rather we must search the context in which the word is employed for any other words which will give it meaning. This approach was employed in Hart v. Stoyer, 164 Pa. 523, where the word “it” was used and where the question was resolved by reference to other language in the will modifying this pronoun. Of the few words in the disputed writing only the word “nothing” sheds any light on the problem. Testator clearly expressed his desire to disinherit his wife by stating
Caveators resist the above interpretation basing their objection in part on the theory that Joseph, Jr., was not the natural object of testator’s bounty. The bulk of the extrinsic evidence produced by the caveators was directed toward proving a debtor-creditor relationship between Joseph, Jr., and decedent, and toward further demonstrating that Joseph, Jr., was particularly laggard, to the distress of his father, in repaying these debts. Aside from the testimony of numerous witnesses that Joseph, Jr., admitted the •existence of the debt, amounting to roughly $3,500, •caveators placed great emphasis on the fact that ■Joseph had mortgaged his house for $6,000, although h.is outstanding debts other than that owed to his father, amounted to only roughly $2,500. The natural implication of these financial transactions, it is ■argued, is that Joseph would not have mortgaged his home for this particular sum had he not been indebted to his father, as alleged by the caveators.
Assuming, arguendo, the existence of this debt, it is of little probative value in determining whether the scrivener of the disputed writing intended Joseph, Jr., to be the sole heir of his estate to the exclusion of decedent’s other children. The disputed writing is undated, yet there was testimony from one witness
Caveator has further argued that the word “yours” should be interpreted to mean all the children of decedent as distinguished from decedent’s second wife who was to get nothing, and should not be interpreted to refer to only one child, namely Joseph. The word “yours” like the word “it” is a pronoun and as such derives more specific meaning when considered with other words used in the same context. This writing begins with the words “Joseph Kling, Jr.”, and it would be most unlikely that testator was referring to anyone other than Joseph Kling, Jr., when two lines later he makes the statement “it is yours”.
I conclude that this disputed writing meets both the formal and substantive requirements of a valid will as defined by the statutes and law in this Commonwealth.
And now, November 14, 1956, it is ordered and decreed that “the record be remanded to the register of wills and that the writing described in this opinion be probated as decedent’s last will.
