Baum's Estate

Citations

• 269 Pa. 63
• 112 A. 141
• 1920 Pa. LEXIS 762

Syllabus

<p>Wills — After-born child — Dispute as to date of will — Probate— Distribution — Jurisdiction of orphans’ court to determine date.</p> <p>1. Where a will hearing a date prior to the birth of a son, and giving testator’s whole estate to his wife, has been duly admitted to probate, and it is claimed by the widow that the date was a mistake, and that the will was executed after the birth of the son, the orphans’ court has jurisdiction, in distributing the estate, to determine the true date of the will.</p> <p>Baum’s Estate, 260 Pa. 33, explained.</p> <p>2. If the will bears a clear date, inserted by testator himself, the presumption that it is correct can be overcome only by clear, precise and indubitable evidence of mistake. In the absence of such evidence, the will must stand as probated.</p> <p>Wills — Gift of entire estate to wife — After-born child — Parol republication in favor of wife.</p> <p>3. Where a testator has given his entire estate to his wife, and thereafter a son is bom, reducing thereby the wife’s interest,-he cannot by parol restore to his wife his testamentary provision for her, which had been taken away from her by operation of law.</p> <p>4. The moment the son was born to testator, the law added a codicil to his will, which could only be changed by a new testamentary provision, which, under the Wills Act, would have to be in writing.</p>