In re Shapley's Deed of Trust

Bolger, J.,

— Was the writing in question testamentary? Was it the maker’s legal intention to make a will? See Wenz’s Estate, 345 Pa. 393, and Wilbur Trust Co. v. Knadler et al., 322 Pa. 17. The definition of a will or of a testamentary instrument as a written disposition of property effective at the death of the maker is not satisfactory when applied to instruments such as the instant one. The cases cited by all counsel in support of their several positions generally include provisions effective after the settlor’s death and yet our appellate courts have classified them under different…