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BROWN WILL (11/09/65)

decided: November 9, 1965.

BROWN WILL


Appeal from decree of Orphans' Court of Fayette County, Sept. T., 1964, No. 158, in re estate of Carrie Brown, deceased.

COUNSEL

Robert L. Webster, for appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Chief Justice Bell. Mr. Justice Jones concurs in the result.

Author: Bell

[ 419 Pa. Page 419]

Was the unsigned holographic instrument, dated January 15, 1957, a will?

Carrie Brown died on August 2, 1962, leaving to survive her two sons, four daughters, two granddaughters, and one grandson. On September 4, 1962, Mae Stickel, a daughter of Carrie Brown, applied for Letters of Administration, which were issued to her on that date. On January 30, 1963, Emma Brown, another daughter, came to the Register's Office, (a) paid the inheritance tax,*fn1 and (b) offered for probate the following holographic instrument:

[ 419 Pa. Page 420]

"January 15, 1957

I Carrie Brown will all my money property and possessions to Emma and Effie

Effie to be the Executrix

Jessie Brown

Forbes Brown"

The Register at that time and later, after hearing testimony refused to probate the ...


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