McGrory v. Fisher

Citations

• 260 Pa. 152
• 103 A. 589
• 1918 Pa. LEXIS 484

Syllabus

<p>Wills — Testamentary intent — Burden of proof — Parol evidence— Conflicting evidence — Erasure—Alteration—Time of making.</p> <p>1. Where a writing alleged to he testamentary in character is offered for probate and does not clearly disclose testamentary intent, the burden of proving such intent is upon the proponents of the will, where the validity thereof is questioned.</p> <p>2. Where the paper offered showed plainly the fact of an alteration which was material, as it affected the words upon the paper which were essential to its validity as a will, and proponents testified that they saw testator write the paper and neither of them saw him make any alteration, and there was testimony to show that the alteration was made sometime afterwards, and this testimony was strengthened by an inspection of the paper itself, the time at which the alteration was made was for the jury.</p> <p>3. Where in such case the alleged will consisted of a list of various items of property and. opposite one of the smaller items were the words “For Ev and Anna,” and such words appeared to have been written over an erasure and were the only words in the will which proponents claimed showed testamentary intent, a finding that the paper was in testator’s handwriting, but that he did not intend that it should take effect as his will was justified, and judgment was properly entered for the contestant.</p> <p>4. There was nothing to show what property, if any, was to be taken, or when.</p>