BATTLES ESTATE


379 Pa. 140 (1954)

Battles Estate.

Supreme Court of Pennsylvania.

November 8, 1954.


Attorney(s) appearing for the Case

John A. Spaeder, with him Marsh, Spaeder, Baur & Spaeder, for appellant.

P.V. Gifford and David S. Gifford, for appellee.

W. Pitt Gifford, with him Gifford, Graham, MacDonald & Illig, for the estate.

Before STEARNE, JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE ALLEN M. STEARNE, November 8, 1954:

This appeal concerns the construction of a will. The pivotal question is whether or not the hearing judge correctly ruled that parol testimony of testamentary intent could not be admitted.

Charlotte Elizabeth Battles, the testatrix, provided in the third item of her will: "It has been my desire that the property which I purchased from the Estate of Charlotte Webster and which is known as the Webster...

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