HERR ESTATE


400 Pa. 90 (1960)

Herr Estate.

Supreme Court of Pennsylvania.

May 23, 1960.


Attorney(s) appearing for the Case

Bruce P. Ryder, with him Alfred C. Alspach, for appellant.

Carl G. Herr, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.


OPINION BY MR. JUSTICE BELL, May 23, 1960:

This case arose by a petition for a declaratory judgment. The question involved is narrow but difficult. Is the paper hereinafter quoted a contract or a will?

On August 11, 1933 Isaac R. Herr and his wife, Nora E. Herr, acquired title to premises No. 436 West Walnut Street as tenants by the entireties and resided therein until their respective deaths. The following typewritten instrument dated the 20th day of January...

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