Spain's Estate

Klein, J.,

Decedent executed a will, without attesting witnesses, on February 6, 1934, and died on July 20, 1935. The sole question to be determined here is whether a charitable bequest contained in the will, and invalid at the time of execution for lack of witnesses, was validated by the Act of July 2, 1935, P. L. 573, dispensing with the requirement of attestation.

The learned auditing judge held the charitable bequest to be void. This same conclusion was reached by Judge Van Dusen in Perris’ Estate, no. 1077 of 1936, and Nelis’ Estate, no. 2366 of 1936, both unreported, and by Judge Marx in…