Losch's Estate

Supreme Court of Pennsylvania
Losch's Estate, 264 Pa. 58 (Pa. 1919)
107 A. 375; 1919 Pa. LEXIS 591
Brown, Moschzisker, Simpson, Stewart, Walling

Losch's Estate

Opinion of the Court

Per Curiam,

The paper signed by the decedent, which appellant insists is a contract to be specifically enforced, is clearly testamentary: Wilson v. Yan Leer, 103 Pa. 600; Megary’s Est., 206 Pa. 260. It vested no present interest, but only appointed what was to be done after the death of the maker, and this is the test of its character: Turner v. Scott, 51 Pa. 126. In Shields v. Mifflin’s Executors, 3 Yeates 389, relied upon in support of appellant’s contention, the paper signed by Thomas Mifflin was an executed contract, acknowledging and promising to pay a liability which could have been enforced against his estate without the direction that his executors or administrators should pay it. The prayer for specific performance was properly dismissed by the learned court below, and its decree is affirmed, at appellant’s costs.

Reference

Cited By
9 cases
Status
Published
Syllabus
Will — Testamentary character of paper — Specific performance. It is not error for the orphans’ court to construe a paper as testamentary in character, and to refuse specifically to enforce it, where the writing states: “I will give my home......to” a woman named “for special favors and honest kind work and good service ......during the last three months and before, she shall have my home which I promised to her......for staying with me. to the end of my life. I order my executor......to sign said deed......and after my death to hand and deliver said deed to her.” In such a case what is to he done to make the writing effective, is to be done by the executor.