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In re Kimmel’s Estate | 123 A. 405 (1924)
A holographic will is a will that’s handwritten, signed, and dated by a testator. Holographic wills don’t always satisfy the formal requirements for attested wills, and it can be difficult to tell if someone actually intended for an informal document to dispose of his property upon his death. In In re Kimmel’s Estate, the court had to determine whether a father’s final letter to his sons was a valid holographic will.
Harry Kimmel was a chairmaker who lived in Johnstown, Pennsylvania. In early December of 1921, Harry’d been sick and had missed a few days of work. On the morning of December 12th, Harry mailed a letter to two of his sons, George and Irvin. The letter covered various topics, including giving them advice about pickling pork and expressing concerns about the winter weather. Near the end of the letter, Harry said that he had some very valuable papers that he wanted George and Irvin to keep for him, and that, quote, “if anything happens,” unquote, then Harry’s money, liberty bonds, stamps, and house would go to George, Irvin, and their brother Darl. The letter instructed George and Irvin to keep the letter and lock it up, as it may help them out. The entire letter was written in Harry’s handwriting and signed Father, which was how Harry usually signed his letters to his sons.
Later that day, Harry died. The orphans’ court subsequently issued a decree directing the register of wills to probate Harry’s letter. Harry’s son Oliver, who wasn’t mentioned in the letter, appealed the orphans’ court’s decree to the Pennsylvania Supreme Court. Oliver asserted that Harry’s letter wasn’t enforceable as a will because it wasn’t testamentary in character and hadn’t been properly signed in accordance with Pennsylvania’s wills statute.
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