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CONLIN ESTATE. (04/15/57)

April 15, 1957

CONLIN ESTATE.


Appeal, No. 295, Jan. T., 1956, from order of Orphans' Court of Cumberland County, Oct. T., 1953, No. 12, in re estate of Irene W. Conlin, deceased. Order reversed.

COUNSEL

Thomas J. Donnelly, with him Tom H. Bietsch, Harold S. Irwin, Sr., Fred C. Houston, Jr., and Houston & Houston, for appellant.

Hermas L. Weary, with him Weary, Hess & Humer, for appellee.

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

Author: Bell

[ 388 Pa. Page 484]

OPINION BY MR. JUSTICE BELL

The question involved may be thus stated: What is the meaning of the words "share equally in money", considered in connection with the entire will and the circumstances surrounding testatrix when she made it?

Mrs. Conlin committed suicide on November 9, 1952, thirteen days after the death of her husband. She left the following very unusual handwritten document dated November 4, 1952, signed at the end thereof "Irene W. Conlin":

"One thousand (1000.00)

Trinity Luthern Church, Camp Hill, Pa.

Share equally in money

Mrs. Mark Schreiner

Mrs. James Evans

Mrs. Frank Auer

John Conlin

Harry Deibler

Lois Spangler

Mary Graham

Woodrow Weinmann

If any are deceased it does not go to ...


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