Smith v. Beales

Citations

• 33 Pa. Super. 570
• 1907 Pa. Super. LEXIS 338

Syllabus

<p>Wills — Probate—Will made in extremity of last illness — Act of April 8, 1833, P. L. -249.</p> <p>Where a person in the extremity of his last illness requests another to write his will, and this is done in the presence of two witnesses, and the writing is read over to the decedent, and approved by him, but before he is able to sign it, he becomes unconscious and dies, the writing may be probated as a will on the testimony of the two witnesses who were present when it was written.</p> <p>The fact that a will was written by pencil instead of pen, does not affect its validity.</p> <p>A will admitted to probate in 1883, and passing real estate, cannot be challenged in an action of ejectment instituted in 1905.</p>