Estate of Wiley

Citations

• 187 Pa. 82
• 40 A. 980
• 1898 Pa. LEXIS 773

Syllabus

<p>Will — Nuncupative will — Evidence.</p> <p>In order to constitute a nuncupative will each requisite of tlie statute must be strictly proved, and it must be shown that there was present not only the animus testandi, but also the mind and intent to nuncupate.</p> <p>The testamentary words of the decedent as committed to writing and offered for probate were “ Everything is to go to Willie, everything is Willie’s. I want everything to go to Willie.” Two of the three witnesses to whom the words were addressed testified to them at the hearing in substantially the same form. The third witness stated them with an addition as follows: “ ‘ Mary, don’t you or the children worry about anything, I want Willie, brother Willie,” she said, ‘to have everything — ithas been put off. I intended to fix it so there would be no trouble, but it has been put off.’ ” The witness further said “ she realized then she was not able to do anything.” Other witnesses testified that on several previous occasions decedent had used similar words as to her intention, as soon as she was able to “ fix everything for brother Willie.” There was no evidence that decedent made any explicit call on persons present to bear witness that the declarations which she made were intended as her will. The nurse testified that the decedent requested the presence of her family, but the purpose of the request was not stated. Meld, that the evidence was not sufficient to establish a nuncupative will.</p>