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Weiss Estate

279 A.2d 189, 444 Pa. 126, 1971 Pa. LEXIS 767
CourtSupreme Court of Pennsylvania
DecidedJune 28, 1971
DocketAppeal, 262
StatusPublished
Cited by5 cases

This text of 279 A.2d 189 (Weiss 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
Weiss Estate, 279 A.2d 189, 444 Pa. 126, 1971 Pa. LEXIS 767 (Pa. 1971).

Opinion

Opinion by

Mr. Chief Justice Bell,

James W. Weiss died on May 29, 1970, at the age of 62. On August 10, 1970, Joan A. Kemp presented a petition for the probate of decedent’s (alleged) will to the Register of Wills of Berks County, who refused probate. Joan A. Kemp thereupon took an appeal to the Orphans’ Court (Division), which entered an Order sustaining the action of the Register. After her exceptions to the Order were dismissed, Joan A. Kemp took the present appeal.

The issue in the case is a very narrow one: was the purported will of James W. Weiss signed “at the end thereof,” as required by Section 2 of the Wills Act of 1947, P. L. 89, 20 P.S. §180.2.

The purported will was written on a printed will form, in the blank spaces of which gifts of his entire estate were made by decedent in his handwriting. Furthermore, on this form, which was dated July 3, 1968, Joan A. Kemp was appointed executrix. On the line *128 normally and ordinarily used for the signature of a testator, there appeared the signature of John B. Boyd, Justice of the Peace. The signature of the decedent was written vertically along the left side margin of the printed form. A photostat copy of this instrument is attached.

*129

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Cite This Page — Counsel Stack

Bluebook (online)
279 A.2d 189, 444 Pa. 126, 1971 Pa. LEXIS 767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiss-estate-pa-1971.