Hoffert's Estate

Citations

• 65 Pa. Super. 515
• 1917 Pa. Super. LEXIS 31

Syllabus

<p>Wills — Joint wills — Will or contract — Husband and wife — Specific performance.</p> <p>Where a husband and wife owning real estate hy entireties, execute jointly a paper which they designate as a will, and which in its general form and terms is . a will, and state therein that they “have agreed to and with each other, and do hereby will, direct and devise,” and that if they do not sell the real estate owned hy them in the lifetime of either, the said real estate shall vest on death of the survivor, in a son of the wife hy a former husband, or' if he he dead to his children, and there is no provision for revocation in the paper, the writing so executed will he construed as a will of both husband and wife, and if the husband survives the ’ivife and makes a will by which he devises the property ip. question |.Q j}is own relatives, the children of the stepson then deceased cannot maintain proceedings against the husband’s executor to compel the specific performance of an alleged contract made by the decedent in the joint writing between himself and his wife for the benefit of such children.</p>