Townsend Will

241 A.2d 534, 430 Pa. 318, 1968 Pa. LEXIS 707
CourtSuperior Court of Pennsylvania
DecidedApril 16, 1968
DocketAppeals, Nos. 42, 43, 44 and 45
StatusPublished
Cited by16 cases

This text of 241 A.2d 534 (Townsend Will) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Townsend Will, 241 A.2d 534, 430 Pa. 318, 1968 Pa. LEXIS 707 (Pa. Ct. App. 1968).

Opinion

Opinion by

Mr. Chief Justice Bell,

Mary Hanlon Townsend died October 1, 1965, leaving her last will, dated June 14, 1965, and an inter vivos Trust Deed, dated July 11, 1963, which was thereafter thrice amended. Mary Townsend Cochran, decedent’s niece by marriage, has appealed to this Court from the several decrees (actually one decree which covered several subjects) of the Orphans’ Court, which sustained decedent’s will and her inter vivos Trust and the three amendments thereto. The final Decree, from which these appeals have been taken, is as follows:

“And Now, March 29, 1967, it is ordered and decreed that proponents’ motion to dismiss the caveat, supplemental caveat and second supplemental caveat and also the pleading attacking the inter vivos deed of trust and its amendments is allowed with prejudice, and that this action shall have the effect of the entry of a compulsory nonsuit against contestant; further, that the Register of Wills is directed to probate decedent’s last will dated June 14, 1965; and, that the inter vivos deed of trust dated July 11, 1963 and amendments thereto dated February 20, 1964, March 6, 1964, and June 14, 1965 are declared to be valid and enforceable at law.
By the Court
(s) Alfred L. Taxis, Jr.
President Judge”

We shall summarize the procedural posture of this case, which is very complex and covers some ten pages in appellant’s brief, as well as the testimony which covers approximately 1,000 pages. We note that there were ten prior wills or codicils, but only the final will, dated June 14, 1965, is here involved.

Appellant has attacked five documents: (1) decedent’s alleged will dated June 14, 1965, because of forgery; (2) decedent’s revocable inter vivos Deed of [321]*321Trust dated July 11, 1963, because of undue influence and tbe violation of a confidential relationship; and (3) three amendments to said Deed of Trust, dated February 20, 1964, March 6, 1964 and June 14, 1965, because of forgery.

Decedent’s inter vivos revocable Deed of Trust of 1963 provided a life estate for appellant as well as a remainder interest for her and for her issue. This 1963 Trust was first amended on February 20, 1964; this amendment substituted certain charities in lieu of several gifts to appellant and her issue. Settlor’s charitable intent was continued in the March 6, 1964 amendment to the Trust, which merely substituted different charities for the previously named charitable beneficiaries. By June 14, 1965, decedent had transferred a substantial portion of her property to her inter vivos Trust and, as a result, her existing will was changed to the one here under attack, namely, her will dated June 14, 1965. Certain legacies were eliminated from the will because they were inserted into the inter vivos Trust amendments, and the principal change was the reduction of contestant-appellant’s $100,000 legacy to a legacy of $10,000. Decedent died, we repeat, on October 1, 1965, and her will of June 14, 1965 was thereafter probated.

Appellant, in her very lengthy brief, has reduced her numerous objections and contentions to three questions, although in these questions she has included virtually all of her many and various contentions.

1. Appellant first contends that the Orphans’ Court erred in refusing to permit the deposition of '27 (sometimes alleged to be more than 30) individuals and in limiting the testimony and depositions to six; persons, who had testified or had been deposed for eight days in a transcript of over 1,000 pages. The names of these 27 desired deposing persons were culled by appellant from the answers to interrogatories served [322]*322on appellees, as well as from the many documents. Appellant contends that these 27 persons are individuals “who might be able to shed light on the issues.”

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Cite This Page — Counsel Stack

Bluebook (online)
241 A.2d 534, 430 Pa. 318, 1968 Pa. LEXIS 707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/townsend-will-pasuperct-1968.