Politis Estate

46 Pa. D. & C.2d 43, 1969 Pa. Dist. & Cnty. Dec. LEXIS 215
CourtPennsylvania Orphans' Court, Philadelphia County
DecidedJanuary 15, 1969
Docketno. 2084 of 1967
StatusPublished

This text of 46 Pa. D. & C.2d 43 (Politis Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Politis Estate, 46 Pa. D. & C.2d 43, 1969 Pa. Dist. & Cnty. Dec. LEXIS 215 (Pa. Super. Ct. 1969).

Opinion

Saylor, J.,

In this will contest Karlis Griverts, nephew of decedent, and his wife, Zenija, appealed on July 5, 1967, from the probate on June 19, 1967, of a holographic will in the Latvian language dated May 9, 1967, purportedly executed by Janis Politis, whereby he devised his estate to Edgar Brolis. Mrs. Griverts had been named sole heir of decedent in his will dated October 3, 1963, and probated on June 13, 1967. Letters Testamentary issued to her were revoked upon probate of the later writing. On June 19, 1967, Letters of Administration c. t. a. were issued to Edgar Brolis. Karlis Griverts claimed an interest in insurance policies bequeathed to Brolis.

Decedent died on June 12, 1967, at age 73. He was an immigrant from Latvia and had not become capable of writing in English. The probated will was written in the Latvian language, and a translation into Eng[44]*44lish was made by Janis A. Silins, Pastor of the Latvian Evangelical Lutheran Church of St. John in Philadelphia. Added at the end of the writing, prior to probate, is a statement in Latvian, reading in English as follows:

“I, undersigned, Niklass Lazdins, residing 531 N. 7th Street, Philadelphia, Pa., with my signature certify that above mentioned handwriting and signature is original made of his own”.

In the petition for citation three reasons for the appeal were set forth and the court was requested to direct an issue for trial by jury on the following questions of fact:

(1) Whether or not at the time of execution decedent was a person of sound mind.

(2) Whether or not the said writing was procured by undue influence, duress and constraint placed upon said decedent by Edgar Brolis.

(3) Whether or not the said writing was procured by fraud upon said decedent by Edgar Brolis, and

(4) Whether or not the alleged will of May 9, 1967, was executed in the handwriting of decedent as alleged and/or whether the signature is that of decedent.

Upon answer filed, a hearing was held by a judge without a jury. The sole question then submitted by the contestants was whether the writing was a forgery. The other grounds upon which the appeal was based were abandoned.

There were no attesting witnesses to the will. The record of the register of wills was offered. The proponent called four persons to testify as to the handwriting of the will. All of them stated that it was written and signed by decedent. Several witnesses for the parties were not competent in the English language and the services of an interpreter were used.

Nicklass Lazdins testified that he had known the decedent for 18 years, had received letters from him [45]*45regarding radio broadcasts, and had seen him write his name as recently as May 8, 1967, when decedent opened a savings account and also executed papers in his lawyer’s office in connection with an accident claim settlement. At the request of Edgar Brolis, Mr. Lazdins wrote the statement in the Latvian language at the bottom of the will. This witness had received at the Teachers College in Latvia the degree of Master in Education and had taught school for 15 years. His subjects included calligraphy, which means “beautiful writing”, such as is employed by older Latvian people. The witness also stated that the probated will is an example of such handwriting which must be written carefully and slowly. He said, “The letters are in much the same line, the letters are of regular size, very labored we can see”. The difference between this kind of writing and other methods of writing is that in the latter the letters are not regular. Mr. Lazdins stated also that decedent’s eyes were poor and he had to use thick glasses but still had difficulty seeing.

Janis A. Silins, the pastor, testified that he had known decedent since 1950 as a member of his church at two different times. The witness had seen decedent’s writing on Christmas greeting cards. He identified his signature on the probated will (Proponent’s Exhibit A) and on an application for membership in the witness’s church made by decedent in 1964 (Proponent’s Exhibit B). The witness stated that decedent had been a carpenter, and in later years a helper and a dishwasher at a restaurant. In Latvia he had served in an army department store.

Both of the witnesses above named appeared before the register of wills and proved the signature of decedent to the probated writing.

There were two additional witnesses for the proponent.

[46]*46Edgars Brolis testified that as a grocer from whom decedent made purchases he had known him since 1951 or 1952. He had cashed for decedent checks which the latter endorsed and wrote out checks for Latvian relief for decedent’s use, as decedent did not have a checking account. This witness also saw Christmas and birthday greeting cards written by decedent and identified as decedent’s the signature to the probated will.

Called as on cross examination, Mr. Brolis stated that he had had a disagreement with decedent over a Neptune Club matter, but that it had been settled and thereafter he and decedent continued to be friends. He saw decedent in the hospital and at his request brought his will to him there. Both men read the will and then Brolis took it away with him on being asked to do so. Edgars Brolis produced the will after decedent’s death and had Mr. Lazdins sign the statement at the end thereof.

Augusts Ausmanis testified that he had known decedent since 1952, belonged to and was treasurer of the same church as decedent and lived in the Latvian community where decedent lived. He said further that in the 1950’s decedent was secretary of the church and as such over a period of two or three years kept a record of the membership, which the witness saw every Sunday. This record book (Proponent’s Exhibit C) was identified as in the handwriting Of the decedent. This witness also received greeting cards from decedent (Proponent’s Exhibit D) and identified the signature to the probated will as decedent’s. He had seen decedent write and knew his handwriting. Since 1964, he had not seen decedent but had not quarreled with him.

For the contestants three witnesses testified.

Zenija Griverts said that she was the wife of decedent’s nephew, Karlis Griverts, and had known decedent since she came to this country in 1951. She saw him sign Christmas cards and had received such cards [47]*47from him. She identified his signature to carbon copies of various papers executed by decedent in applying for naturalization, for compensation, and for orders for shipment of parcels to Latvia (Contestants’ Exhibits 1 to 6, inclusive). She had obtained these papers at decedent’s home after his death. She said that decedent’s education was six years in grammar school and four years in trade school. His highest rank in the army was that of sergeant. He could not read English.

As to Edgars Brolis, she had known him since 1953 and had never seen him with decedent socially, although she was at decedent’s apartment twice a week, and when she was in the hospital every day she never saw Brolis there. She never knew of anything that Brolis did for decedent. However, she stated that her husband had borrowed $1,000 from decedent to go into business and had paid it back. She was shown her husband’s note for $1,150, of which $500 had been repaid to decedent.

This witness was away from Philadelphia and at Biloxi, Mississippi from November 1965 until August 1967.

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Bluebook (online)
46 Pa. D. & C.2d 43, 1969 Pa. Dist. & Cnty. Dec. LEXIS 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/politis-estate-paorphctphilad-1969.