Estate of Diehl

Citations

• 11 Pa. Super. 293
• 1899 Pa. Super. LEXIS 139

Syllabus

<p>Devisavit vel non — Buie for determination.</p> <p>In determining whether a paper is or is not testamentary the settled principle of adjudication is to be derived from the language of the paper itself and the circumstances surrounding its execution and preservation. It must answer the question, Did the author of it intend the writing to be a disposition of his property to take effect after his death ? The form is immaterial if the substance is testamentary.</p> <p>Words and phrases — Proof of will — •Extrinsic evidence.</p> <p>The words, “ I have given (not bequeathed)” do not preclude a writing from being testamentary if the balance thereof and surrounding circumstances of preservation indicate a testamentary posthumous disposition of property thereby given. Such a writing does not present a ease where no testamentary intent is apparent on the face of the instrument and where it must be proven exclusively by extrinsic evidence.</p>