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HomeMy WebLinkAbout06-13-78 ",) <'Z( "<10 .;;.. ! ~ LAW OFFICES MYERS, MYERS, FLOWER S JOHNSON THIRD" MARKET STREETS P. O. BOX 125 LEMOYNE, PENNSYLVANIA 17043 21-78 288 JOHN E. MYERS ROBERT L MYERS, JR.. THOMAS 1. MYERS CLINTON R. WEIDNER JAMES D. FLOWER kOBE-RT L.MYERS,m HORACE A.JOHNSON JERRY R.DUFFIE C. ROY WEIDNER, JR. JAMES D. BOGAR EDMUND G.MYERS TELEPHONE 117-16]-4540 June 13, 1978' 1 WEST HIGH STREET CARLISLE. PENNSYLVANIA 11013 TELEfHom 1L1-249-3022 Mr. Richard E. Anderson Register.of Wills Cumberland County Court Carlisle,:Pennsylvania House 17013 RE: Rose E. Graham Estate Dear Mr. Anderson: You have admitted to probate as the Will of the above decedent three documents: 1. Will dated December' 16, 1953 2. Codicil dated , 1969 3. Codicil dated January 19,.1973 The first Codicil confirms and" republishes the Will "dated June 26, 1959". Since no Will of such date was presented for probate, you have questioned whether-there may. have been such a Will which revoked the 1953 Will or whether the reference in the Codicil was a simple mistake. .\ All the documents mentioned were prepared by. this law firm. I have searched the files and find copies of Wills dated December 16,1953 for StewartC. Graham and for Rose E. Graham. .. ;,.~.-'. ....-- .- The records show that in 1959 Stewart'Graham called at the office and that a Will was prepared for him which revoked the 1953 Will. We find no evidence of a 1959 Will of RoseE. Graham. Stewart Graham's will is dated June 26, 1959. The records further show that Mr. Graham consulted this office concerning the purchase of a piece of real estate in August., .1969 and that he then discussed his Will and requested that a Codicil be prepared naming Dauphin Deposit Trust Company Executor. Mr. Graham also asked that a Codicil be prepared to the Will of Rose Graham naming him as Executor, and if he failed to survive or renounced, then Dauphin Deposit Trust Company~ He further instructed us to prepare' a Codicil for Mrs. Graham's Will to provide for the payment of legacies to ,'.. , -l!t .~fo} Mr. Richard E. Anderson - 2 - June 13, 1978 or in trust for grandchildren as set forth in the Will of StewartE. Graham. The notes prepared by the undersigned add- parenthetically after the reference to the Will of Rose E. Graham "of same date".' We conclude that the reference to the will of Rose Graham dated of the same'date as that of Stewart Graham was made by the undersigned gratuitously and erroneously. It appears that Mr. Graham referred to the two Wills separately and that the Codicils were not to be reciprocal but that the Codicil to the Will of Stewart Graham was to contain provisions different from those in the Codicil to the will of Rose Graham. To the best of my recollection Rose Graham did not appear at this office. None of the Wills was executed at, this office. that all were executed at Newville in the presence of more witnesses-residing in and around Newville. It appears one or I conclude that the reference in the Codicil to Mrs. Graham's Will toa Will dated 1959 was erroneOus and that the Codicil was intended to republish and did republish the only Will Mrs. Graham had, which was that found in her box, dated December 16,1953; The 1953-Will of Mr. Graham with notations requiring change is in our files. We are of the opinion that Mr. Graham fully understood that Mrs. Graham had no will in effect containing provisions like those of Mr. Graham's 1959 Will, because he directed that the Codicil to Mrs. Graham's Will include provisions for distribution to grandchildren as set forth in Stewart Graham's Will. I hope this letter will assist in clearing up any questions you may_ have in your mind. Very truly yours, MYERS, MYERS, FLOWER & JOHNSON Vl~-....,tiv Thomas I. Myers l_l'1-18 TIM/ec lJ? ~ w(nJNU1 fhJVCJr ~ f~ -- 'I 0 6~JL.