Megary's Estate

Citations

• 206 Pa. 260
• 55 A. 963
• 1903 Pa. LEXIS 693

Syllabus

<p>Will — Form of will — Testamentary paper — Probate.</p> <p>No formal words are necessary in order to make a valid will; the form of the instrument is immaterial, if its substance is testamentary. A gift or bequest after death is of the very essence of a will, and determines a writing, whatever its form, to be testamentary. AVhether a writing is a will or not, does not depend upon the maker’s declaring it to be a will at the time he executes it, but upon its contents.</p> <p>A paper duly executed in conformity with the Wills’ Act was offered for probateas follows: “ To whom it may concern: This is to certify that in consideration of the fact that my step-daughter has shared her home with me and attended to my business, correspondence &c., forme since the decease of my husband, and that she has made no charge for said courtesies during said period of time, Now, therefore, be it known that I desire and so affirm that my said step-daughter shall receive as compensation for said services out of my estate a sum of money or its equivalent that shall aggregate two thousand dollars — the aggregate amount of one hundred dollars per year for a period of twenty years to date. I also wish it to be understood that the above mentioned compensation shall not affect any right that she may have as devised to her in any will or testament of mine that may be in force at the time of my decease.” It appeared that the amount mentioned in the paper was about half the estate which consisted of railroad and other stocks. The paper was delivered to the stepdaughter, and remained in her possession until the stepmother’s death. Held, that the paper was testamentary in character, and should have been admitted to probate.</p> <p>The delivery of a testamentary paper to the person beneficially interested, where no present interest passes, does not destroy the testator’s power of revocation. It is still ambulatory; to take effect only after death in case it is not revoked.</p>