Morrison Will

Opinion by

Me. Justice Allen M. Stearne,

This is an appeal from a decree of an orphans’ court sustaining an appeal from the probate of a holographic will on the ground that the will was conditional and there had been a failure of condition.

The words of the instrument are: “Nov 29 Dear Frank if I never se you again I wont you to have everything I own keep this it may be of use to you some day your Father

J. H. Morrison.”

It was established that the date of the will was November 29, 1919 and that “Dear Frank” was testator’s son, Frank A. Morrison, the appellant. The circumstances surrounding the…