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BEISGEN ESTATE. (12/29/56)

December 29, 1956

BEISGEN ESTATE.


Appeal, No. 208, March T., 1956, from decrees of Orphans' Court of Allegheny County, 1954, No. 5104, in re: Estate of Flora Irene Beisgen, deceased. Decree affirmed.

COUNSEL

Harry Alan Sherman, for appellant.

William J. Krzton, with him John W. Cost, for appellee.

Before Stern, C.j., Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

Author: Bell

[ 387 Pa. Page 427]

OPINION BY MR. JUSTICE BELL

The question involved are these: Do the words "personal effects including clothing and household goods" include testatrix's bank balance and stock and is oral testimony admissible to prove the meaning and intent of that language?

Flora Irene Beisgen, a widow, died December 3, 1954. Her will, dated March 5, 1954, which was prepared by her attorney pursuant to her oral and written directions, provided in material parts as follows:

"Second. I give, devise and bequeath unto my daughter, Alice Irene Danko, all my personal effects,*fn* including clothing and household goods."

Testatrix then directed her executrix to sell her real estate and divide the proceeds of sale equally between her daughter, Alice, and Alice's daughter, Wilma, and testatrix's other grandchild, Andrew Edward Finegan, who was the son of a deceased daughter of testatrix. These were testatrix's only surviving next of kin. There was, unfortunately and unwisely, no residuary clause in the Will.

Testatrix left a bank account of $8110.; stock worth $6.50; some clothing and some jewelry of little value; eight rooms of furniture; and real estate which was sole for approximately $6000.

If cash and stock are included in "personal effects", testatrix's daughter Alice will receive cash and stock of $8116., all the clothing and household goods, and one-third of the ...


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