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Tyson's Estate.

Wills — Construction — Letter referring to execution of will.

A letter from decedent to his sister, stating "I am making out my will leaving my securities to you," where no such will was found, was held not itself to constitute a will.

Argued November 29, 1939.

PER CURIAM, December 8, 1939:

The court below held that a letter from decedent to his sister, stating "I am making out my will leaving my securities to you," where no such will was found, did not itself constitute a will. As the writing manifestly referred to another paper as decedent's will, the decision of the court below is clearly correct, and no discussion is necessary. See Stein's Lessee v. North, 3 Yeates 324, 325; McCune's Estate, 265 Pa. 523, 528; Kauffman's Estate, 283 Pa. 375, 377.

Decree affirmed at appellant's cost.

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TYSON'S ESTATE
(Dec 8, 1939)