Estate of Plumer

DORAN, J.

A few hours after the death of Rose Plumer, who died on March 3, 1955, an envelope was found in decedent’s apartment containing three sheets of paper written entirely in Rose Plumer’s handwriting. The three pages were found clipped together at the top with a paper clip and folded together, and the containing envelope was endorsed, “Rose Plumer’s Will.” All three sheets were dated in decedent’s handwriting, November 15, 1948, but only one of the sheets bore Rose Plumer’s signature. It is conceded that two of the sheets constitute a valid, holographic will. The contest herein relates to the third sheet entitled “Memorandum for Executors,” dated and written in decedent’s handwriting but unsigned.

On the first page of the admittedly valid holographic will, executors were named and instructions given for burial. At the bottom of this first page the decedent started a list of assets which list is continued on the second page. After leaving a blank space of several inches, Mrs. Plumer dated

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and signed this page. No legatees or devisees are therein named nor is there any disposition of property.

The third sheet here under discussion, folded and clipped to the other two sheets, entitled “Memorandum for Executors,” is in decedent’s handwriting, and commences with the statement, “I want my friends to be remembered,” followed by nine names, the last of which has been deleted and initialed by decedent. The paper then states: 1 ‘ The cash in envelope marked ‘Mitchell Lewis Personal’—is to be used to pay funeral expenses & remainder to be, after,-—-Executors Fees & expenses, divided with the above named friends.” Several items of jewelry and furnishing are likewise mentioned which are to be given to certain designated persons. The name of one beneficiary has been changed, the alteration being initialed by the decedent. As hereinbefore indicated, this third sheet is unsigned. In addition to the three sheets folded and clipped together, the envelope contained two other papers neither dated nor signed, one of which contained a list of war bonds while the other gave information concerning decedent’s safe deposit box. These last mentioned sheets are not claimed to be a part of the will.

The trial court found “That the three sheets (original will and memorandum for executors) . . . are each testamentary in character and constitute one instrument and should be read and construed together as a complete, harmonious and homogeneous Will”; that the three sheets are “integrated,” and “that the signature of Hose Plumer on the second page of the Will was written by her with the intention that it should serve as a token of execution by her of her Will consisting of three pages.”