Spain's Estate

Dissenting Opinion by

Mr. Justice Maxey :

I cannot agree with the majority opinion in this case. It has long been established in Pennsylvania that the validity of the execution of a will is to be tested by the statutes in force at the time of its execution. In Packer v. Packer, 179 Pa. 580, 36 A. 344, this court said: “As recognized by this court, from Mullen v. M’Kelvy, 5 Watts 399, to Camp v. Stark, 81* Pa. 235, the rule relating to the proper execution of a will is that it ‘must be judged of by the law as it stood at the time of its execution and not at the time of the death of the…