Opinion
January 13, 1960.
March 15, 1960.
Wills — Holographic — Construction — Intent of testator.
Where, in a holographic will, testator provided ". . . All my money lot and building go to my wife The business shall be run as usal with My Brother Bill being 1/2 Owner Ship if at any time its is disolved he Shall have 1/2 the rolling equipment.", it was Held, upon a consideration of the entire will, in the light of the circumstances surrounding testator when he made it, that testator intended to give his welding business, which comprised almost his entire estate, to his wife, and further intended his brother Bill to own 1/2 of the profits if the business were run, and to receive two of the four trucks owned by testator in the event the business was dissolved.
Argued January 13, 1960. Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.
Appeal, No. 71, Jan. T., 1960, from decree of Orphans' Court of Centre County, Estate No. 16707, in re estate of Evan L. Ginter, deceased. Decree, as modified, affirmed.
Same case in court below: 20 Pa. D. C.2d 301.
Audit of account.
Opinion filed confirming account, and order entered, opinion by CAMPBELL, P. J. Exceptant appealed.
William U. Smith, with him Smith Smith, for appellant.
David L. Baird, with him Baird McCamley, for appellee.
The decree, as modified below, is affirmed on the opinion of President Judge CAMPBELL, of the court below.
The decedent's widow, who is the administratrix c.t.a., is surcharged with one-half of the profits from the business from the death of the decedent to the liquidation of the business. The court below properly found that the widow and William C. Ginter, exceptant, should share the said profits, but overlooked ordering the surcharge. The figure of $6501.74 for the profits was agreed upon at argument, the items comprising it having been thrown into the general account.
The amount surcharged, $3250.87, shall be paid to the said William C. Ginter, exceptant.
Costs shall be paid by the estate.