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MEYER WILL (08/06/68)

decided: August 6, 1968.

MEYER WILL


Appeal from decree of Orphans' Court of Philadelphia County, No. 1726 of 1965, in re estate of Charles J. Meyer, Jr., deceased.

COUNSEL

Edmund Pawelec, for appellants.

Donald O. Hovey, with him Frank O. Schilpp, Walter C. Wright, Jr., Charles Morris Hamilton, W. Albert Sanders, and Rambo and Mair, for appellees.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Concurring Opinion by Mr. Justice Roberts. Dissenting Opinion by Mr. Justice Cohen.

Author: Per Curiam

[ 431 Pa. Page 247]

Decree affirmed. Appellants to pay costs.

Disposition

Decree affirmed.

Concurring Opinion by Mr. Justice Roberts:

The sole issue presented in this appeal is whether a holographic writing which is internally consistent and coherent is sufficient to satisfy § 2 of the Wills Act of 1947, P. L. 89, 20 P.S. § 180.2. Appellants contend that this three page document the last page of which contains an inventory of decedent's assets is not sufficient because this last page, the page containing decedent's signature, lacks any dispositive provisions. Section 2, however, requires only that the purported will be signed "at the end thereof." To accept appellants' contention this Court would be forced to add to § 2 a requirement that the will be signed at the end of the dispositive provisions.

I believe that the unanimous opinion of the Orphans' Court of Philadelphia County adequately disposed of this contention. Meyer Estate, 42 Pa. D. & C. 2d 295, 304, 17 Fiduc. Reptr. 454, 464-65 (O.C. Phila. Cty. 1967): "The different pages of a will, if not physically united, must be connected by their internal sense, by coherence or adaptation of parts, and as added by Justice (later Chief Justice) Stern, in his concurring opinion in Covington Estate, supra [348 Pa. 1, 20-21]: 'The separate pages of the will are "connected by their internal sense and by coherence or adaptation of parts" within the meaning of the rule if they do not contain any mutual inconsistencies or contradictions,

[ 431 Pa. Page 248]

    or any repetitions, but, when read as a whole, constitute a harmonious scheme of testamentary disposition all the parts of which fit together ...


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