Turner Estate

184 A.2d 896, 408 Pa. 530, 1962 Pa. LEXIS 532
CourtSupreme Court of Pennsylvania
DecidedOctober 5, 1962
DocketAppeal, 75
StatusPublished
Cited by11 cases

This text of 184 A.2d 896 (Turner Estate) 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
Turner Estate, 184 A.2d 896, 408 Pa. 530, 1962 Pa. LEXIS 532 (Pa. 1962).

Opinions

Opinion by

Mr. Justice Benjamin R. Jones,

A narrow issue is presented: whether testatrix’ holographic will revoked by implication the provisions of an earlier will of testatrix?

L. May Turner (testatrix), an 87 year old Altoona resident, died on June 28, 1959. Testatrix, a spinster, left three wills in physical existence: (1) a lawyer-prepared will dated January 29, 1958 (herein called first will) to which there was a codicil dated August 20, 1958; (2) a will drawn by testatrix dated June 25, 1959 (herein called second will); (3) a holographic will dated June 26, 1959 (herein called third will). The third will was probated by the Register of Wills of Blair County on July 1, 1959. Three and one-half months later Mary P. Turner (appellee)1 appealed from the probate of the will on the ground that the second will should be probated with the third will.2 After hearing, the Orphans’ Court of Blair County sus[533]*533tained the appeal and opened the decree of probate to enable the Register to act upon a petition for the probate of the second with the third will. From that decree this appeal was taken.

At the outset the respective contentions of the parties should be clarified. Testatrix’ estate, valued at approximately $69,000, was composed of household and personal effects inventoried at approximately $500, cash (or its equivalent) approximating $14,500 and securities inventoried at approximately $54,000. Concededla, the third will effected a testamentary disposition of the household and personal effects and cash. The instant controversy involves only the disposition of testatrix’ securities.

In testatrix’ second will, her “stocks and other investments” were given to appellee and James W. Turner (appellant).3 Appellant contends that the third will is inconsistent with the provisions of the second will and, thus, the second will was impliedly revoked by the third will; that, in particular, that provision in the second will which disposed of testatrix’ “stock and other investments” was revoked by the overall dispositive scheme of the third will and by the gift by testatrix of the “balance” of her “money” to appellant, “money” being construed in the broad sense of “estate” or “property”. Appellee contends that no revocation by implication of the second will has taken place and, in particular, there exists no inconsistency in the disposition of testatrix’ “stocks and other investments” in the second will and the gift to appellant of the “balance” of her “money”, the latter being construed in its narrow sense of “cash”.

[534]*534In passing upon these contentions we must ascertain, if at all possible, the intent of the testatrix. Such intent “. . . must be gathered from a consideration of (a) all the language contained in the four corners of [her] will4 and (b) [her] scheme of distribution and (c) the circumstances surrounding [her] at the time [she] made [her] will and (d) the existing facts; . . . Burleigh, Estate, 405 Pa. 373, 376, 175 A. 2d 838.

For the purpose of this appeal, certain facts may be considered as conceded or not seriously disputed: (a) all three wills are valid and genuine wills; (b) testatrix made the interlineations and alterations which appear in the second will; (c) at all times testatrix possessed testamentary capacity; (d) testatrix was very fond of James L. Turner, James W. Turner and their wives; (e) the first will, changing the provisions of previous wills, was occasioned by reason of the death of James L. Turner in 1957; (f) testatrix’ very close friend and legatee in previous wills, a Miss E. K. Eyre, died and her death triggered the preparation of the second will; (g) testatrix was a very intelligent woman who knew and understood the difference between cash, securities and other specie of property.

Bearing in mind this background we examine the pertinent provisions of all three wills and the circumstances which surrounded the execution of each will.

Attorney C. M. Kurtz, testatrix’ lawyer for approximately twenty years, drew the first will for testatrix on January 29, 1958. James L. Turner having recently died, testatrix explained to Attorney Kurtz that she wanted his “share” of the estate to be given to Mary Turner, his widow. This first will, containing an ex[535]*535press revocation clause, provided for testatrix’ burial and bronze or marble plates for the graves of herself and brother, the care of her parents’ burial plot, bequests of $1,000 to each of her two nephews’ children, gave “the remaining cash” in equal shares to appellant, appellee and Miss Eyre and then gave testatrix’ “stocks and other investments” in equal shares to the same three persons.5 The first will further directed that for three months after her death the expenses of her apartment be borne by the estate, that household effects and personal belongings be given to Miss Eyre and Attorney Kurtz and Miss Eyre act as the personal representatives. In the codicil to that will — prepared by Attorney Kurtz — testatrix directed that the trust provisions for Miss Eyre include her share of the “cash” and that “the inheritance tax on all my bequests be paid by my said estate.”

Miss Eyre died on May 29, 1959 and on June 8, 1959, at testatrix’ request, Attorney Kurtz visited testatrix. Testatrix indicated that, due to Miss Eyre’s death, she Avanted to change her will but she was too weak at the time to discuss the contemplated changes and she gave the original of the first will and codicil thereto to Attorney Kurtz requesting that he keep them until she was able to make the contemplated changes. On June 23 and June 24 Attorney Kurtz visited testatrix but again she was too weak to discuss the contemplated changes and, on the latter occasion, testatrix was informed by Attorney Kurtz that he would be out of town for several days but would see her again on June 30.

On June 25, 1959, testatrix decided to make her own changes in the will. For that purpose she utilized an [536]*536unsigned copy of the first will upon which she made various alterations, additions and interlineations in her own handwriting. Testatrix struck out the provision concerning plates for the graves of her brother and herself and increased the amount of the gift for the care of her parents’ burial plot by crossing out the word “two” and writing above it the word “three”. By striking out the figure “$1000” and inserting “(2) Two”, “2 Thousand” or “2,000” she sought to increase the bequests to her nephews’ children from $1000 to $2000. The provision in the first will providing for a division of testatrix’ “stocks and other investments” into “three equal parts” (one each for appellant, appellee and Miss Eyre) was altered by the insertion of the word “two” instead of “three” and by striking out the provisions for distribution of one of the parts to Miss Eyre. The provisions for the trust for Miss Eyre, for the maintenance of the apartment for three months after her death, for the gift to Miss Eyre of the household effects and personal belongings were stricken and Miss Eyre was eliminated as a personal representative. Initially, the First National Bank of Altoona and, later, the appellant was substituted in Miss Eyre’s place as a personal representative. Testatrix struck out the date in the testimonium clause “29th day of January A. D. 1958” and inserted in place thereof “25th day of June'1959”.

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Turner Estate
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Cite This Page — Counsel Stack

Bluebook (online)
184 A.2d 896, 408 Pa. 530, 1962 Pa. LEXIS 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-estate-pa-1962.