LEHIGH COUNTY LAW JOURNAL VOLUME VIII. IN RE ESTATE OF CHARLES LOSCH, DECEASED. Will-Contract-Specific Performance. Whatever the form of the instrument, if it vests no present interest, but only directs what is to be done after the death of the maker, it is a last will and testament. Such an instrument, therefore, cannot be considered a contract, on which a specific performance could be decreed. In the Orphans' Court of Lehigh County. No. 38 January Term, 1914. In re Estate of Charles Losch, deceased. Petition for Specific Performance of Contract. Petition refused. Claude T. Reno, Charles W. Kaeppel and James L. Schaadt, for Petitioner. Morris Hoats, James B. Deshler and Warren K. Miller, for Respondents. Groman, P. J., April 8, 1918. Charles Losch died testate on or about the 17th day of November, 1913. Five days before his death, on November 12th, 1913, it is alleged he signed the following paper writing: "I will give my home Furnished as it now is all of 619. Linden st. to my present housekeeper who is now taking care of me to Angelina Kern. For special favors and honest kind work and good service she has done for me during the last three month and before. she shall have my home which I promised to her. Also for the last three years past for staying with me. to the end of my life. I name and order my executor James Kressler. lawful to sign said Deed over to in her name. and after my death to hand and deliver said same deed to her. Angelina Kern. Witness my hand and seal. (Signed) Charles Losch (Seal) In the presence of Angie Kern." On October 21, 1917, Angelina Kern now Schaffer,. filed a petition in the Orphans' Court of Lehigh County, Pennsylvania, praying for specific performance and a decree, founded on said prayer, claiming it to be a contract. The answer denies such construction of it, but contends that it is testamentary in its character. Blackstone defines a will as "The legal declaration of a man's intention which he wills to be performed after his death;" Kent's Commentaries defines it as a writing disposing of real and personal property, or both, to take effect after the death of the maker, and such writing is generally denominated as "last will and testament.' The writing is not restricted to any particular form under statutory provision, or any particular language, if the obvious purpose of the writing is to effect a disposition of the maker's property after death. The essence of the definitions relative to a will is that it is a disposition to take effect after death; whatever the form of the instrument, if it vests no present interest, but only directs what is to be done after the death of the maker, it is testamentary: Turner v. Scott, 51 Pa. St., Page 126 (1866); Wilson v. Van Leer, 103 Pa. St., Page 600 (1883); McGary Estate, 206 Pa. St., Page 282 (1903). *** Turning to said writing and eliminating words not directly essential, so as to secure a proper perspective, we find it would read as follows: "I will give my home * 619 Linden st. to*** Angelina Kern. For special favors and honest kind work and good service ** during the last three month 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 James Kressler *** to sign said deed *** and after my death to hand and deliver *** said deed to***. Angelina Kern." The maker of the writing was then quite old, and the writing was made within a few days of his death. The beneficiary named in it, had been with him as housekeeper for upwards of three years; the maker evidently intended to further provide for her for the care and attention she had given him in his later years, the paper indicates that such was the moving cause; the language used is as follows: "for special favors and honest kind work and good service she has done for me during the last three month and before. She shall have my home which I promised to her. Also for the last three years past for staying with me to the end of my life." That |