HomeMy WebLinkAbout1621_HANLIN_AGNES_73_128_12-07-1948_01-03-1949,.......
Appltratinn fnr Jrnbatr nf Iftil nf...-..---..- --...AGNES-HANLLN _..___..__.._.___.
._ _ __._.late of .Yillage..__o.!Paris.*.._Hano.'Y.ex_..T.own..sh1p_._.__._,Washington County,
Pennsylvania,deceased,and ~rant Df fjttttrs tEtstamtntary.
REGISTER'S OFFICE }
WASHINGTON COUNTY,SS:
Before the Register of Wills of Washington
County,personally appeared ---..-.----.F.o.rd Ralston __.._ ____ _....__..who being
duly sworn says that _ _ __.AGNES._.HANLIN _._._...__._ _.__late r.esident of
:v.i1lag.e of....P.aris ,Washington County,Pennsylvania a citizen of :Unit.ed S.t.at.e~died
at_...5.:.4o.__o'clock P..am.,on the .___7.th day of Dec.emb.er._.._ _~A.D.,19_..48 .
leaving an estate of the estimated value of $9.q.O'O.,.O'O.._ _personalty,and $50'Q'O.,.0'0'_.
realty,said real .estate being located in__.._.the_..villag.e_Or.._Paris.,..._HanQ.y.e.r TQwn~.b.1:P..,--..W~~.h-
..;lngtQn...G_g_lJn.ty._J._..p.~.oo_s-y.lv.~ni.§......_f;r.9ntJ.ng.._QD....t.h~...N9.r.t.h ...§.:L.g_E?9.f.__.B.9.:gt.~._.gg.!_...
The dec.edent's legatees and devisees are as follows:
_________N_A_M_E :I_R_E_L_A_T_IO_N_S_H_IP_o1 R_E_S_I_D_EN_C_E _
_ _L1.da Johns.on..___ _.._______.__sis.t.er __C.~9.n~J:m;r.g-'.r.~.~E.~..P..~.#3
...._F.Q_r.d..Ral.$.t.Q.n...__._.______ne.p.b.ew.._.__._..~1\r.K~.t.t.~t..9.~,_:P.~.~R.~.D.#1
.__._.Ma.rg~r.e.t J9.b.n.~.Qn__ _ni.~Q.~.._..__..QAA9.n~.p'~_~g-,.P.~.~B.~.P...df.3
................._D.Qr.t.ha.J4gXw.~.l..l._.__ _..__._Ni.e.QJL _C.1.J~I~9.n.2._..p..~.~~.~p...~#.1
_.._.__JO-bn J.'.o_bn.S-O-n..____.___.__n.~mh~w.-C_~:Q.9.~.:?p..~r.g.l.._g.~~~__• _
.__ _Ma.r.i.~__.N.Q;r.;r.i.~__ __.nJ.E?Q~C.r.~.~.~~r:tt gJ..~y.-'_r.~~.~.ida
...._ _.._.._Myr.~_..M.c.C.r..a~k~n.____.__n.9D_~___J~~n~J~§.~~t.~g~.I ~.!.p.~#1
....____Lfl:w.r.enQ.e..J4fl:n~.eJy._ _ _~9:Q.~_.._.__~~~.g.~.~~.~~~.~'___..~_~~~.~
........._ _.._J..e.~§.;Le M~_~.~;J..Y.-_.__._._~9P._.~_.._..............;E?~~~.!?t.~.s.~~.~?~.~~~~._•
.__M~p..~l ..R9.l~.t.9.n._ _~.~.~Q~._.._~~.~g.~~~.~.~.~.~_I._..!?~.~~.~.D.#1
Testator has _.__not __married and _nO_children have b.een born since the
execution of the will offered for probate.
Petitioner prays that the paper writing filed herewith DB..nQt d~.t.e.4...____._..___._.
._.__..__._._______may be admitted to probate as the last Will and Testament of said
decedent,and to grant Letters Testamentary th.ereon to .Ford..Ral.s.tQ.:t1 _ _ _ _ _.._ - .
............._.._.___.__whose postoffice address is Burgetts.t.own.,.P.a R.•....D.•...ii .l.- - .
Sworn to and)subscr7d before me this(j~..d'Y o~~.....,A.D.19'1:9:.
.........··/V·&~~iCgtt:;
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COMMONWEALTH OF PENNSYLVANIA,}SS.w::::r?.:z,,19.t't eom :F9rd lillJ.:l.tQIL _...................._.
who heing U~orn doth depo.e and .ay thaL..he will well and trnly administer the goodo and ehat.
."tels,rights and credits of -_.AGNES HANLIN ___._,deceased,
to the best of .hi.s skill and judgment in strict compliance with the laws of this Commonwealth,
mindful of the laws relating to inheritance taxes...l.~
d.y swo.'&.~~~r~~e~h~:'~~~i
......-!Y:~~~.
Register
..............•
•,,...J
.....~
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ESTATE OF ELIZABEXH KENNEDY,DECEASED
QUESTION:IS A WILL SIGNED BY THE FIRST NAME ALONE SUF-
FICIENT?
Pennsylvania Orphans'Court Commonplace Book Vol.1
(Hunter)page 427
1.(b)What constitutes a signature •••••••••••••
the first name alone is sufficient:Knox's Estate 131
Pennsylvania 220.
(Knox's Estate 131 page 220 -1889)
The will in question in handwriting of the testatrix
requests that certain things be done and is signed at the
end "Harriet".Appeal was taken for the probate of the
will,the Court dismissed the appeal and exceptions were
filed and an appeal taken.
What,therefore,shall constitute a sufficient sig-
nature must depend largely on the custom of the time and
place,the habit of the individual,and the circumstances
of each particular case.As already seen,the English and
som American cases hold that a signature by initials only,
or otherwise informal and short of the full name,may be a
valid execution of a will or a contract,if the intent to
execute is apparent.To this requirement our statute adds
that the signature must be at the end,as evidence that
the intent is present,actual,and completed.On this
point of the completed act,the use of the ordinary form
of signature is persuasive evidence,and the absence of it
may be of weight in the other scale•••••••••••••••••As in
all cases where the intent is the test,there can be no
hard and fast legal rule as to form.The statute requires
that the signature shall be at the end,and that require-
ment must be met without regard to intention,but what shall
constltut.a signature must be determined in each case by
the circumstances.
Tested by these views,the will in the present case
appears to have been well executed.Offthe handwriting and
of the identity of the testatrix there is no question,and
her completed intent to execute the paper,as the expres~
sion of her testamentary wishes,is attested at the end of it
by a signature admitted to be made by her,and shown to be in
the form which she habitually used.The writing has not the
usual formalities of a will,but is in form a letter,addres-
sed to no one by name,but clearly intended for her mother,
or such of her family as should assume control of her proper-
ty after her death;and the form of the instrument might well
account for the signature she was accustomed to use,were it
not st·i:ll more clearly explained by the unfortunate differ-
ences with her husband,and her repugnance to using his name,
as shown by her avoidance of it in her correspondence,and her
direction not to put it on her tombstone.On the eVidence,it
is clear that the testatrix intended this as a complete exe-
cution of the instrument,and we find nothing in the law to
defeat its validity for that purpose.
(Hunter,see above)where the intent to accept for ap-
peal an informal signature is sufficient;Kimmels Estate 278
page 435.Paper offerred for probate is in a form of a letter
in handwriting of testator signed father.Page 441.This
(Knoxts Estate)has been approved and followed in Plate's Es-
tate,148 Pa.55;Swire's Est.,225 Pa.188,192;and Church-
ill's Est.,260 Pa.94,100,and has never been doubted.
It is of course ture,--and upon this point Plate's Est.,
supra,and Brenants Est.,supra,were decided,--that while
"exactly what constitutes a signing has never been reduced to
a judicial formula,"if that which is written at the end of
the paper is not "a full and complete signature according to
1
\.
I
·1
..,.......•
the intention and understanding of the testator".it is not a
compliance with the statute.The.same cases decide,however,
it will be held to be so "if the intent to execute is appar-
ent".In the present case,as already pointed out,testator
used the word "Father"as a full and complete signature,and
mailed the paper as a finished document.True,a formal will
would not be so executed;but this is not a formal will.It
is a letter signed by him in the way he executed all such let-
ters,and from this ciruumstance,his "intent to execute is
apparent"beyond all question.
(Hunter)A signing by initials only is valid.
*.j
<tlnuuty Df .as~iugtnu_IS.
REGISTER'S OFFICE .:r:~J:l.~l."fJ.A.D.19 4.9
Personally appeared Anna .McC.ombs .and ~ame.a R.DQna.ldson .
who,after being duly qualified according to law,deposes and s,ay that they are well acquainted with the handwriting
of ..~,gJ:l.~.~I.I~~~J:l., , "Deceased,Testator to the foregoing
.date blank .WIll dated , ,19 ,and that the sIgnature
of said",~~~.~..~.~~~~:...............................,as well as the entire Will,is in lKiiltOif her
own proper handwriting,as they,the affiants,verily believe.
there was no Witnesses to Will
Also,that ~cXlltB
Sworn.........................................................................,and subscribed ~,:az ~.~~.
~~.~~