Horton's Estate

154 A. 921, 304 Pa. 112, 1931 Pa. LEXIS 467

• Court: Supreme Court of Pennsylvania
• Decided: April 13, 1931
• Docket: Appeal, 76
• Status: Published

Opinion

Per Curiam,

This appeal is from tbe decree of tbe Orphans’ Court of Huntingdon County sustaining tbe refusal of tbe register of wills to admit to probate, as part of tbe will of Solomon S. Horton, a writing offered by appellant.

Tbe paper in question is a letter received by Mrs. Mary M. Morgart, appellant, from decedent, under date of March 1, 1924, tbe postscript (tbe part alleged to be testamentary) to which reads as follows: “P.S. bought little more Johnstown Stock, hope this turns out O. K. As you already know this to be yours. I want you to have Sterling Commercial Stock. Your Dad.”

Solomon S. Horton died April 21,1927, leaving a will dated October 4, 1924, by which be disposed of bis entire estate, making no mention of Mrs. Morgart, and naming P. A. Horton executor, to whom, on four separate occasions between October 3, 1924, and July 26, 1926, he assigned four certificates for varying amounts of the stock of the Sterling Commercial Co., aggregating 232 shares, the entire holdings of decedent in the corporation named, which certificates he delivered to P. A. Horton in February, 1927. We need not discuss the question of whether or not the writing sought to be probated is testamentary in character, inasmuch as Ave agree with the court below that, even if the letter should be regarded as having had testamentary value, its worth was nullified by decedent’s actions in assigning his entire holdings of stock in the Sterling Commercial Co. to P. A. Horton, and in his will giving the latter, as executor, explicit directions as to the distribution to be made of all his property.

The decree of the court below is affirmed; costs to be paid by appellant.