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GLACE WILL. (01/07/64)

January 7, 1964

IN RE GLACE WILL.


Appeal, No. 213, Jan. T., 1963, from decree of Orphans' Court of Northumberland County, May T., 1962, No. 119, in re estate of George H. Glace, deceased. Decree affirmed.

COUNSEL

Robert V. Moser, for appellant.

Harry V. Klein, Jr., for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.

Author: Bell

[ 413 Pa. Page 92]

OPINION BY MR. CHIEF JUSTICE BELL

This is an appeal from the Decree of the Orphans' Court of Northumberland County which reversed the Decree of the Register of Wills which had admitted to probate the hereinafter quoted written instrument as the last Will of George H. Glace.

[ 413 Pa. Page 93]

Glace died June 24, 1962, at the age of 74 years. On June 23, 1962, Charles E. Wray, an Alderman, came to the hospital where Glace was a patient, for the purpose of drawing Glace's Will. The alleged will was written on a printed legal form with blank spaces - consisting of a single printed sheet of paper 8 1/2" in width and 13" in length. The handwritten parts were all written by an Alderman, Charles E. Wray, with the exception of the signature, "George Glace." The words "George Glace" were written by him on the front page after the word "I", and again in the testimonium clause after the words "IN WITNESS WHEREOF, I". The alleged will was signed at the end of the testimonium clause, "Chas. E. Wray" on the line intended for the signature of the testator, with a seal opposite; and the word "Alderman" was written by Wray underneath his own signature.

The instrument is short and is as follows:

"I, George Glace,*fn1 of Sunbury, Pa., of the County of North'd and State of Pennsylvania, being of sound mind, memory and understanding do make and publish this my last will and testament, hereby revoking and making void all former wills by me at any time heretofore made.

"And first, I direct that my funeral be conducted in a manner corresponding with my estate and situation in life and that all my just debts and funeral expenses be fully paid and satisfied as soon as conveniently may be after my decease.

"And to such estate as it hath pleased God to intrust me with, I dispose of the same as follows, viz: all my belongings, Personal & Real Estate be [an illegible word] Divided between (my Daughter Mrs. ...


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