Buehrer Will

Opinion by

Mr. Justice Allen M. Stearne,

The question raised by this appeal is whether the oral statements made by the sailor decedent to a shipmate while at sea, constituted a mariner’s will under section 5 of the Wills Act of 1917, P. L. 403, 20 PS, section 194.

Decedent and the witness Carter were firemen on an oil tanker. Carter testified that in December 1941 during a voyage from Marcus Hook to the Dutch West Indies, while sitting in the witness’s room and talking about the war and the dangers incident thereto, and the fact that the witness intended to quit the sea, decedent said to Carter:…