Kisner's Estate

Citations

• 254 Pa. 597
• 99 A. 168
• 1916 Pa. LEXIS 772

Syllabus

<p>Wills — Charitable bequests — Witnesses—Competency — Act of April 86,1855, P. L. 888 — Evidence—Corporations—Membership— Director — Verbal resignation — Corporate records — Contradiction.</p> <p>1. Where the names of certain persons appear on the records of a corporation as members thereof, the corporation is bound thereby ; where, however, the validity of certain bequests to the corporation depends upon whether the persons appearing on the records as members were in fact members thereof, the records are only prima facie proof of the facts which they state, and parol evidence may be received to contradict them.</p> <p>2. The fact that a person takes an active interest in a charitable organization and joins in a campaign to raise funds therefor, does not render him incompetent to act as a subscribing witness to a will containing a bequest to such charity.</p> <p>3. A person cannot be compelled to become a member of a corporation without his knowledge or consent.</p> <p>4. The resignation of a director of a corporation need not necessarily be in writing.</p> <p>5. ' A will containing a bequest to a charitable institution was witnessed by two persons, one of whom had been made director and the other a member of the institution prior to the execution of the will. The corporate records of the association showed that two years before at an annual meeting the witness who was a director had been elected for a period of four years, and that at the date of the will he was captain of a team to collect funds for the association. Evidence was introduced over objection to contradict the corporate records and to show that previous to the execution of the will such director had resigned and all his connection with the society other than his captaincy of the team to raise funds had ceased. Held, the Orphans’ Court did not err in determining that such witness was not interested in the charity within the meaning of the Act of April 26, 1855, P. L. 328, relating to the attestation o