Churchill's Estate

Citations

• 260 Pa. 94
• 103 A. 533
• 1918 Pa. LEXIS 475

Syllabus

<p>Wills — Execution—Insufficiency—Failure to sign at end — Act of April 8,1838, P. L. &h9 — Vacation of probate.</p> <p>1. The Wills Act of April 8, 1883, P. L. 249, was intended to form a complete system, by which a posthumous disposition of property might be made.</p> <p>2. The purposes of the Act of 1833 were to secure accuracy in the transmission of the testator’s wishes, the authentication of the instrument transmitting them, the identification of the testator and certainty as to his completed testamentary purpose.</p> <p>3. Where a testator used a printed blank form for making his will, and inserted his name in the attestation clause and in that part of the blank to be signed by the subscribing witnesses, reading “Signed, sealed, published and declared by the above named P. Churchill” (the testator), etc., but did not sign opposite the seal, on the line designed for the testator’s signature, or elsewhere at the end of the paper, the will was not signed at the end thereof, as required by the Act of 1833, and was void.</p>