Swire's Estate
Supreme Court of Pennsylvania
Appeal, No. 351, Jan. T., 1908, by Samuel T. McGinley, from decree of O. C. Phila. Co., Oct. T., 1906, No. 293, refusing an issue devisavit vel non in Estate of Hetty W. Swire, deceased. Appeal from register of wills. Before Dallett, J. The case turned upon whether the testatrix had signed the codicil to her will at the end thereof. The codicil was as follows: SECOND CODICIL TO WILL.
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Appeal, No. 351, Jan. T., 1908, by Samuel T. McGinley, from decree of O. C. Phila. Co., Oct. T., 1906, No. 293, refusing an issue devisavit vel non in Estate of Hetty W. Swire, deceased. Appeal from register of wills. Before Dallett, J. The case turned upon whether the testatrix had signed the codicil to her will at the end thereof. The codicil was as follows: SECOND CODICIL TO WILL. “I, Hetty Wharton Swire, do hereby make and publish this Second Codicil to my last will and testament' as follows: “1. I give and bequeath unto Lily Mc-Ginley my seal skin coat. “2. I give and bequeath unto Edna…
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
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 of 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…
2Cases cited6 opinions
- Estate of KnoxSupreme Court of Pennsylvania · 1890
- Wikoff's AppealSupreme Court of Pennsylvania · 1850
- Baker's AppealSupreme Court of Pennsylvania · 1884
- Heise v. HeiseSupreme Court of Pennsylvania · 1858
- Vernon v. KirkSupreme Court of Pennsylvania · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Maginn's EstateSupreme Court of Pennsylvania · 1923
- Kimmel's EstateSupreme Court of Pennsylvania · 1924
- Churchill's EstateSupreme Court of Pennsylvania · 1918
- Coyne WillSupreme Court of Pennsylvania · 1944
- Stinson's EstateSupreme Court of Pennsylvania · 1910
7 more not listed; retrieve them via the Exa API.