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In re Kimmel’s Estate

Supreme Court of Pennsylvania

123 A. 405 (1924)

Relevant factsFree

On the morning he died, the decedent sent a handwritten letter to his sons George and Irvin (defendants) discussing mundane matters like anticipated bad weather, but then stating he had "some very valuable papers" he wanted them to keep "if enny thing happens," directing that all his real and personal property go to sons George, Darl, and Irvin, and instructing them to "lock it up it may help you"; the letter was entirely handwritten and signed "Father," his customary signature to his sons. The orphan's court directed the letter be admitted to probate as a will, and one of the decedent's heirs (plaintiff) appealed.

IssueFree

Whether an informal letter that mixes mundane, non-testamentary content with language expressing the decedent's intent to make a posthumous gift of his property is enforceable as a will.

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