Estate of Branick

The appeal is from an order refusing to admit to probate a document claimed to be the last will of the decedent.

The facts are these: On the 9th of December, 1913, the decedent formally executed a will in the presence of witnesses, both of whom signed it, and the execution was attended with all the formalities the statute requires. Afterward, and on September 22, 1914, he wrote a letter to his brother. His brother’s name is James but was referred to as “Jim.” The letter to his brother is as follows:

At the end of this letter are several expressions which it is here contended are testamentary in character. This letter was one of about thirty letters written from time to time to his brother. The words in this letter are grouped together without punctuation and the alleged testamentary expressions are. the following: “ Of course these both propertys goes to you and Charley if I should pass in before yous do only I wish. Mary would be taken care of in ease anything should happen Joe- her soné I know fany would drop marys help she would 'have to shift for her self, regards to all (signed) Ed.” It appears that two months afterward the decedent undertook to make a holographic will, but…