No. 307 January Term, 1977, Appeal from the Final Decree of the Orphans' Court of Bucks County Refusing Probate of Proponent's Will, docketed at No. 9-74-1042
David Kanner, Philadelphia, for appellant.
Robert A. Naragon, Doylestown, for appellee.
Eagen, C. J., and O'Brien, Roberts, Nix, Manderino, Larsen and Flaherty, JJ. Manderino, J., did not participate in the decision of this case.
This is an appeal from the final decree of the Orphans' Court Division of the Court of Common Pleas of Bucks County affirming the refusal of the Register to admit to probate a document purported to be the last will of the decedent, George Thomas Logan. The basis of the court's action was its conclusion that the writing in question did not possess the requisite animus testandi which is an indispensable attribute of a will. It is this decision that we are now called upon to scrutinize.
The decedent died on September 4, 1974. On September 24, 1974, letters of administration were issued to Beatrice Fraser, the daughter of decedent. At his death, decedent was survived by Ms. Fraser and three sisters, Lillian Grundman, the proponent of the will in question, Frances Keating and Mildred Cole. The decedent lived with appellant for
approximately twenty-five (25) years. During most of that period, Beatrice was also a member of the household.
The document in question reads in its entirety as follows:
"I here buy sent [sic] my hand and seal to any one enterseted [sic] to my estate, that I give all my monies & estates to my sister Lillian Grundman nee Logan as benefecesitay [sic] to all an [sic] any.