Swire's Estate

Citations

• 225 Pa. 188
• 73 A. 1110
• 1909 Pa. LEXIS 631

Syllabus

<p>Will — Signature—“At the end thereof.”</p> <p>1. The statute requires that a will shall be in writing, and signed by the testator “ at the end thereof.” The end meant by this provision is the logical end of the language used, which shows that the testamentary purpose has been fully expressed. The position oí the signature with regard to the bottom or end of the page is only evidence on the question whether the testator has completed the expression of his intention. Prima facie that is the natural place for the signature to be placed to show the full expression of the testator’s wishes and therefore is presumptively the right place for it, but it is only evidence and must give way to evidence of a different intent.</p> <p>2. Where the full substance of the testator’s intent is expressed, and his signature is at what he intends and regards as the end of his will, the continuity of the sense and not the mere position on the page must determine the statutory “end thereof,” as the place for the signature.</p> <p>3. Parol testimony as to marginal writing on a will is admissible, but it must be received with caution.</p>