NO. 2044 PHILA. 1981, Appeal From the Order in the Court of Common Pleas of Lancaster County, Orphans' Court Division No. 341 of 1979
James W. Appel, Lancaster, for appellants.
Melvin Eugene Newcomer, Lancaster, for appellee.
Spaeth, Brosky and Beck, JJ. Brosky, J., files a dissenting opinion.
[ 325 Pa. Super. Page 547]
This appeal is from an order dismissing exceptions to an order denying probate of a will. Appellant argues that under the will she is entitled to appoint the entire estate to herself, subject to the payment of the pecuniary legacies. We agree and therefore reverse.
Arthur Stewart died on March 8, 1979, leaving a three-page handwritten will, as follows:
My last will and testmont
I Arthur Stewart Box 99 Maple Shade Rd. Christiana Pa RD 2
Being in sound mind and memory hereby publish and declair this is my last will and testmont I direct that all my bills and furenal expenses be paid first.
I have two insurance policys with General Steel Ind. in saint Lewis Mo. my holdings are a 31 acre farm on Maple shade Rd. Colarine Township lanc Co. Two savings account one in Quarryville Farmers bank one in South Eastern in Atglen also a checking acc in each. I direct that all my bills be paid and satified by my good friend Eva S Hibbert who is my exsector I also direct that Eva S Hibbert does not have to be bonded or enter security to form a formal account Mrs Hibbert is to appoint who ever she wants to help her settle up the estate.
My friend Eva Hibbert who has been so helpfull to me and Mother she has taking up so much of her time taking care of Mother and me and would not take any money for her service, She is to take and keep what ever she wants from the house or farm and then sell the rest at her convenience.
Mrs. Hibbert has taking care of my business for four years and knows all about my estate so she can handle my estate as she sees fit
[ 325 Pa. Super. Page 548]
To my friends I leave a small rememberance after the estate is settled up.
Asbury & Mary Passwaters ...