Ackerman Estate

149 A.2d 462, 395 Pa. 179, 1959 Pa. LEXIS 604
CourtSupreme Court of Pennsylvania
DecidedMarch 24, 1959
DocketAppeals, Nos. 380, 381, 382 and 383
StatusPublished
Cited by3 cases

This text of 149 A.2d 462 (Ackerman Estate) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ackerman Estate, 149 A.2d 462, 395 Pa. 179, 1959 Pa. LEXIS 604 (Pa. 1959).

Opinion

Opinion by

Mb. Justice Musmanng,

On October 16, 1944, Edward J. Ackerman, while apparently on a visit to the bank of the South Side Bank and Trust Company in Scranton, picked up a deposit slip and wrote on its reverse side the following: “Oct. 6,1944 I Edward J. Ackerman wishes at the time of my death that everything excepted Two Thousand Dollars should go to Helen Sehmeig the rest to the Ackerman Trust Estate. Edward J. Ackerman.”

On October 31, 1957, he died, without anyone seeming to know of the existence of this paper. Letters of administration were issued to his widow, Helen Ackerman. Later the paper was found in Ackerman’s safety deposit box in the same bank where it had been written, and the widow now petitioned the Register of Wills of Orphans’ Court to admit the paper to probate as the last will and testament of her late husband. The Register of Wills did so admit the paper and granted letters testamentary C. T. A. to Mrs. Ackerman.

In addition to his widow, Ackerman left three brothers and a sister, namely, George Ackerman, Frank Ackerman, Irving Ackerman and Mrs. Marie Schmieg. These four blood relatives filed a petition with the Orphans’ Court of Luzerne County asking that a citation be awarded to Mrs. Ackerman to show cause why the decree admitting to probate the Ackerman writing [181]*181as the last will and testament of Edward Ackerman should not be set aside.

When the petition came on for argument in the Orphans’ Court of Luzerne County, counsel for the three brothers and sisters and counsel for the widow Helen Ackerman stipulated that if the court sustained the probate, it should construe the will as though the court were entertaining a petition for declaratory judgment. The court did construe the will and arrived at the conclusion that Ackerman intended to leave his entire estate to Helen Schmeig, with the exception of a $2,000 legacy to the Ackerman Trust.

The brothers and sisters contested this construction and appealed to this Court, averring that the Ackerman will was misread by the court below; that the will was never intended to leave the entire estate, minus $2,000, to Helen Schmeig, but that, on the contrary, it gave the corpus of the estate to the Ackerman Trust, minus $2,000 to Helen Schmeig. The widoAV, of course, stands on the interpretation made by the Orphans’ Court.

In maintaining their respective positions, both parties urge us, in effect, to rearrange the sentence structure of the Avill. But there is no need to alter the architecture of Ackerman’s will if we grasp the materials which went into it, and the atmosphere in which it Avas constructed. We said in Sterrett’s Estate, 322 Pa. 302, that: “Words have various recognized meanings, and if employed by a testator with particular reference to special circumstances, will be given the meaning intended; if necessary, the court may receive proof of the circumstances to determine the sense in which the Avords were used.” Thus, in reading the will of EdAvard J. Ackerman, we must interpret it in the light of the circumstances in which it was written.

When Ackerman penned his holographic will he had just recovered or was convalescing from an illness, [182]*182during the course of which he had been cared for by a practical nurse named Helen Schmeig. Obviously, he cherished a sense of gratitude, one sometimes referred to as an undying gratitude, toward this person who had rendered him valuable service; and so, he desired that, over and above whatever payment he may have already made to her, she should receive $2,000 at the time of his death.

The Ackerman Trust Estate referred to in the will was described in one of the briefs, and not disputed in the opponent’s brief, as follows: “The Ackerman Trust Estate was an inter vivos trust executed on March 30, 1937, by and between the settlor, the widowed mother of the Ackerman children, and said children, including the testator and the four appellants, which was entirely a family trust and of which Edward J. Ackerman, the testator, and his brother George N. Ackerman, one of the appellants, were the trustees.”

It would appear that in view of the fact that Ackerman, at the time he wrote his will, was unmarried, his three brothers and sister would be the primary object of his bounty and, therefore, he would naturally desire that they should receive the buik of his estate. In the Spring of 1957, that is 13 years after execution of the will, Ackerman married Helen Schmeig, and as already stated, he died on October 31, 1957, six months later.

The lower court, in interpreting the will, said: “We think it is clear that the writer of this instrument wanted everything in his estate, except $2,000, to go to Helen Schmieg, who was not then his wife, but who became his wife at a later date.”

The casual reference to a “later date” suggests the matter of the passage of several months or possibly a year or two. But it must be emphasized that Ackerman did not marry Miss Schmeig until IS years after he had written his will. Even the most indifferent [183]*183lover and the most reticent bachelor would scarcely wait 13 years to embrace a fate which he had at a certain moment decided was to be his. History records many delayed marriages, and fiction writers delight to portray willing hearts which wait agonizingly and desperately for the wedding band which never gets around to playing the nuptial march, but it is not consonant with human realism to say that when lover and sweetheart agree to throw their fates together, they will wait thirteen weary years to consummate the dream of their mutual marital adoration. There is nothing in the record to suggest that at the time Ackerman wrote his will he regarded Helen Schmeig romantically. There is nothing to intimate that Helen Schmeig was to him the gratification of a lover’s thirst. Any attachment which waits thirteen years to generate can scarcely be regarded as one eager for a conjugal visit to the altar rail and the glittering shower of the traditional rice.

The record would justify the conclusion that when Ackerman wrote his will he entertained toward Helen Schmeig a sentiment no warmer than that which any celibate might feel toward a person of the opposite sex who has done him a service in which the love angle was of that variety which may be attributed to any kind, aged grandmother.

Important as Helen Schmeig’s nursing services undoubtedly were, there is nothing to support a theory that, with Ackerman’s ideas on economy, he would feel obligated to give Miss Schmeig all the wealth he then owned and might later acquire. With the exception of Androcles’s lion, it is doubtful that literature records an expression of gratitude so poetically complete.

It is elementary testamentary law that the intention of a devisor is the polar star1 in the construction [184]*184of wills and that in searching for intention, a will is to be superimposed over the panorama of actuality-existing at the time of the will’s execution.2 The strength of a man’s vision as of a certain date is measured by what he could see on that day, and not years later when his vision may have been altered or corrected by circumstances which may or may not have been under his control. Thus, there is not the slightest factual reason to support the lower court’s supposition that in 1944 Ackerman intended to give all his property to a woman for whom the wedding bells were not to ring until 13 years later.

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Bluebook (online)
149 A.2d 462, 395 Pa. 179, 1959 Pa. LEXIS 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ackerman-estate-pa-1959.