Conlin Estate

89 Pa. D. & C. 318, 1954 Pa. Dist. & Cnty. Dec. LEXIS 407
CourtPennsylvania Orphans' Court, Cumberland County
DecidedApril 8, 1954
Docketno. 12
StatusPublished

This text of 89 Pa. D. & C. 318 (Conlin Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Cumberland County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Conlin Estate, 89 Pa. D. & C. 318, 1954 Pa. Dist. & Cnty. Dec. LEXIS 407 (Pa. Super. Ct. 1954).

Opinion

Garber, J.,

This is an appeal from the decision of the Register of Wills of Cumberland County admitting to probate an instrument in writing as the holographic last will and testament of Irene W. Conlin, dated November 4, 1952, and hereinafter fully described. A caveat was filed by counsel for Mildred M. Williams, a first cousin of decedent. Pursuant to this caveat, upon the writing being offered for probate, the register of wills held a hearing at which time an appearance was entered for all of the persons named in the writing, together with Louis G. Weinmann, a first cousin of decedent, as proponents of the will. An appearance was also entered for Mildred Williams and Irene Williams, caveators, the other two first cousins of decedent. At this hearing before the register, it was stipulated and agreed by all parties represented “that the sole issue before the register is the character of the writing signed by Irene W. Conlin and that her testamentary capacity or the validity of her signature is not at issue.” When the proponents of the will offered it in probate as the last will and testament of Irene W. Conlin, objection was made to [320]*320the offer for the reasons (1) that the instrument on its face does not.reveal testamentary intent; (2) said instrument is merely a memoranda; (3) the paper being nontestamentary in character, no extrinsic evidence may be offered to make it testamentary; (4) the two-witness rule applies, and all the essential elements of a will must be proved by two witnesses. On April 9, 1953, the register of wills filed his decree and admitted the subject writing to probate as the last will and testament of Irene W. Conlin and granted letters of administration, c. t. a., to Capital Bank and Trust Company, Harrisburg, Pa. The proponents of the will had filed their renunciation with the register, requesting that letters be issued to that bank. The register of wills did not base this action upon the renunciations, but on subsection 5 of section 305 of the Act of April 18, 1949, P. L. 512, 20 PS §320.305, giving him authority to grant letters to “other fit persons.” The register properly determined that a grant of letters on the basis of the renunciations would require determination of a problem of distribution rather than of probate. The two caveators had renounced in favor of Farmers Trust Company of Carlisle, Pa.

A petition for a citation sur appeal from the decision of the register of wills was filed on August 20, 1953, including an order of court thereto, dated July 7, 1953, awarding a citation^ On August 20, 1953, there was filed of record a stipulation of counsel, dated August 14, 1953, agreeing that the renunciations and the petitions for letters filed with the register of wills as enumerated in the petition for citation sur appeal from the register were all filed with the Register of Wills of Cumberland County not later than January 9, 1953. On August 20, 1953, there was filed of record an agreement by counsel for all parties that the appeal should be allowed without formal proceedings on the citation issued on July 7, 1953.

[321]*321On November 9, 1953, there was filed of record a further stipulation of counsel in which it was agreed that the record of testimony taken before the register of wills should be submitted to the court at the hearing on said appeal in lieu of hearing the witnesses de novo, with the right being reserved to all parties to produce new or additional testimony; and in this same stipulation it was further agreed that the death of Irene W. Conlin was a suicide. While not specifically stipulated, it seems to be undisputed that Mrs. Conlin died on November 9, 1952, at about 2:30 p.m. The testimony was all taken subject to an agreement that all testimony offered should be taken subject to objection, and the contestants reserved the right to raise objections thereto at the argument of the case. In the petition for. citation sur appeal, petitioners set forth that the register erred in admitting the writing to probate “for the following reasons — (a) said writing is not testamentary in character, (b) said writing was not executed animus testandi, and (c) said writing was not proved as the last will and testament of decedent by two competent witnesses.” The petition also averred that the register erred in granting letters to Capital Bank and Trust Company, Harrisburg, Pa., and should have granted letters to Farmers Trust Company, Carl-isle, Pa.

The paper admitted to probate by the register of wills is admittedly in the handwriting of Irene W. Conlin and the genuineness of her signatúre is also admitted. The writing is on the back of a single sheet of desk memorandum paper. The reverse side bears in the center near the top a calendar for the month of December 1952, and on either side thereof, a calendar for the month of November 1952 and January 1953. This blank side of the sheet is divided into two halves, one marked for December 2nd, Tuesday, and the other for December 3rd, Wednesday.

[322]*322At the top of the plain side of this sheet of paper decedent wrote “one thousand (1000.00),” and then underneath that .is written “Trinity Luthern Church, Camp Hill, Pa.,” with a line drawn across the page immediately underneath. Below this line appears a vertical list of five names, to wit: Mrs. Mark Schreiner, Mrs. James Evans, Mrs. Frank Auer, John Conlin, Harry Daibler, with a line drawn under this last name. Then appears three additional names in vertical sequence, to wit: Lois Spangler, Mary Graham, and Woodrow Weinmann. A line is drawn across the page after this last name and this line continues vertically up the left side of the page to a place just above the first name. Written vertically outside of this line are the words, “Share equally in money.” On the right side of the paper appears a line starting at the extreme right edge of the paper just under the name Woodrow Weinmann and proceeding about an inch toward the center of the page under that name, and then proceeding vertically up the sheet of paper passing through the “M” of Weinmann, and bearing toward the edge of the paper and ending just above the name “Schreiner,” very close to the line drawn under “Trinity Lutheran Church, Camp Hill, Pa.” This line makes a kind of box at the right edge of the paper in which is written “If any are deceased it does not go to next of kin.” Beneath all of the foregoing there appears the following in vertical sequence: “Jewelry to Mary Graham — personal effects to Lois — linens, bedding, dishes, silver, rugs, furniture to Woodrow Weinmann.” The two lines “Personal effects to Lois” and “linens, bedding, dishes, silver,” are bracketed at the left side of the sheet, and a line is drawn under the words “linens, bedding.” A short line appears at the bottom of the page, and underneath this appears the admittedly genuine signature of Irene W. Conlin, then a dash and “Nov. 4, 1952.”

[323]*323The first question for consideration by the court is whether or not the testamentary character of this admittedly genuine writing is apparent on its face without consideration of any extrinsic evidence. If so, it was properly admitted to probate and the appeal should be dismissed: Zell’s Estate, 328 Pa. 312. The law of Pennsylvania has never required that wills be in any particular form, the principal. requirement being that they be in writing and signed by testator at the end thereof, and this essential is admittedly present in this case. Another essential to all wills is the animus testandi, the intention to make a will, testamentary intent. The presence of this essential is vigorously and ably disputed by appellants. As early as 1815, in the case of Arndt v.

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Bluebook (online)
89 Pa. D. & C. 318, 1954 Pa. Dist. & Cnty. Dec. LEXIS 407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conlin-estate-paorphctcumber-1954.