In Re the Estate of Baker

434 A.2d 1213, 495 Pa. 522, 21 A.L.R. 4th 377, 1981 Pa. LEXIS 958
CourtSupreme Court of Pennsylvania
DecidedSeptember 24, 1981
Docket210
StatusPublished
Cited by13 cases

This text of 434 A.2d 1213 (In Re the Estate of Baker) 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
In Re the Estate of Baker, 434 A.2d 1213, 495 Pa. 522, 21 A.L.R. 4th 377, 1981 Pa. LEXIS 958 (Pa. 1981).

Opinion

OPINION OF THE COURT

WILKINSON, Justice.

This is an appeal from a decree of the Court of Common Pleas of Cameron County dealing with the disputed ownership of various items of personal property as well as the distribution of the above estate. The decree directed appellants to surrender a John Deere bulldozer to appellee, executor of the estate, or to pay the reasonable value thereof into the estate. It further denied appellants’ claim to distribution of a 1973 Buick sedan and to the contents of a safe. 1 *524 The safe was found within the house devised to appellants together with its furnishings. The car presumably was found in the garage. The decree directed that the car and the contents of the safe be included in the residue of the estate. 2

Robert G. Baker died testate on April 15, 1977, leaving a will which he had executed on April 6,1977. ITEM II of the will stated: “I give, devise and bequeath my house and garage, located in the Borough of Emporium, as well as all furnishings within said house, to my neighbors and good friends, EDWIN OLSON and GENEVIEVE OLSON, absolutely.”

Appellee-executor petitioned the trial court to determine ownership of the John Deere bulldozer in the appellants’ possession, the car, and the contents of the safe alleging that appellants claimed ownership of the bulldozer as an inter vivos gift and of the car and the safe’s contents as part of the devise of the house and all its furnishings under ITEM II of the will. Appellants filed an answer to the petition. At a hearing held on November 9, 1977, the appellants, the appellee-executor (who also drafted the will), Mr. Grovanz, two friends of the decedent and two of decedent’s attending nurses testified. The lower court noted the appellee’s objection to the testimony of the donees but allowed them to testify reserving the right to rule on the issue after the hearing. The lower court held: (1) that the contents of the safe and the car did not pass to appellants by ITEM II of the will; (2) that the appellants’ testimony concerning the alleged inter vivos gift of the bulldozer was inadmissible under the Dead Man’s Act; 3 and (3) that the decedent did *525 not make an inter vivos gift of the bulldozer to the appellants. We affirm.

Appellants first argue that the lower court erred in ruling that ITEM II of the will did not include the contents of the safe and the car. Principles governing the interpretation of a will are well settled. One of these is that technical rules or canons of construction should be resorted to only if the language of the will is ambiguous or conflicting or the testator’s intent is for any reason uncertain. Lewis Estate, 407 Pa. 518, 180 A.2d 919 (1962). The words in ITEM II of the will “my house and garage” are clear and unambiguous and must be given their common meaning, i. e. the property and the structures themselves. The only question is whether the car in the garage and the safe’s contents could be included within the phrase “all furnishings within said house.”

The pole, star in the construction of every will is the testator’s intent .... In determining the testator’s intention — if no uncertainty or ambiguity exists — his meaning must be ascertained from the language of his will; it is not what the Court thinks he might or would have said in the existing circumstances, or even what the Court thinks he meant to say, but what is the meaning of his words.

Britt Estate, 369 Pa. 450, 454-55, 87 A.2d 243, 244-45 (1952) (emphasis in original; citations omitted). The car, which apparently was found in the garage after the testator’s death, certainly cannot be included within the phrase “furnishings within said house”. As for the contents of the safe, the meaning of the word “furnishings” does not normally include the contents of a safe. The word “furnishings” as defined by WEBSTER’S NEW INTERNATIONAL DICTIONARY, 1021 (2d ed. 1948) means “furniture, fixtures, apparatus, etc.” Even in cases where the testator specified that the bequest include the “contents” of the house the courts have held that this word does not include money, stocks, mortgage papers or bank accounts found within the house. Lamb Estate, 445 Pa. 323, 285 A.2d 163 (1971); McCartney's Estate, 61 Pa. D. & C. 112 (1947).

*526 Basically the appellants’ argument relies upon testimony by witnesses who stated that the testator said he wanted the car, the house and everything in the house to go to the appellants. The appellants argue that this shows the testator’s intention. This oral testimony, however, cannot be used to alter the clear and unambiguous language used in the testator’s will.

[T]his Court has consistently decided that in construing a will, it is not what testator may have meant but the meaning of the language used. . . . The intention of the testator, however, must be determined from what appears upon the face of the will. Extrinsic evidence of surrounding facts must only relate to the meaning of ambiguous words of the will. It cannot be received as evidence of testator’s intention independent of the written words employed.

Battles Estate, 379 Pa. 140, 143-44, 108 A.2d 688, 690 (1954) (emphasis in original; citations omitted). The lower court was correct in denying appellants’ claim to the contents of the safe and the car.

The controversy concerning the ownership of the bulldozer involves two interrelated legal questions. First, was the testimony of appellants concerning the alleged inter vivos gift admissible under the Dead Man’s Act? Second, was a valid inter vivos gift of the bulldozer proven?

The application of the Dead Man’s Act has been thoroughly discussed elsewhere. See Hendrickson Estate, 388 Pa. 39, 130 A.2d 143 (1957). There is no dispute here that the three conditions enumerated in Hendrickson Estate are present in this case and bring the provisions of the Dead Man’s Act into play. The difficulty here is the application of the Dead Man’s Act where there is an allegation of an inter vivos gift. Appellants argue that the evidence shows a gift by decedent to them thereby removing the adverse interest of the decedent and making appellants competent to testify. We have encountered this argument in the past and have fashioned the following answer to it:

In such situations, both the alleged donee and the estate have an interest in the property which may be adverse to *527 the interest of the decedent, depending on whether the alleged transfer took place or not. We held [in Ford Estate, 431 Pa.

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Bluebook (online)
434 A.2d 1213, 495 Pa. 522, 21 A.L.R. 4th 377, 1981 Pa. LEXIS 958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-baker-pa-1981.