Simon v. Grayson

102 P.2d 1081 (1940)

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Nature of the Case

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Facts

S. M. Seeligsohn died in 1935. His safe deposit box was found to contain, a will and codicil and a letter addressed to his executors. The will, which was dated March 25, 1932, contained a provision leaving $6,000 to his executors 'to be paid by them in certain amounts to certain persons as shall be directed by me in a letter that will be found in my effects and which said letter will be addressed to Martin E. Simon and Arthur W. Green (the executors) and will be dated March 25, 1932.' A letter found in the safe deposit box was dated July 3, 1933, and stated: 'In paragraph VIII of my will I have left you $ 6,000 -- to be paid to the persons named in a letter, and this letter is also mentioned in said paragraph. I direct that after my death you shall pay said $ 6,000 as follows: To Mrs. Esther Cohn the sum of $4,000 -- If any of the said persons cannot be found by you within six months after my death, or if any of the said persons shall predecease me, the sum directed to be paid to such persons . . . shall be paid by you to my heirs as described in paragraph IX of my said Will. . . .' The letter was written, dated, and signed entirely in the handwriting of the testator. No letter dated March 25, 1932, was found among his effects. The codicil to the will was executed on November 25, 1933. It made no changes in paragraph IV of the will and contained no reference to the letter, but recited, 'Except as expressly modified by this Codicil, by Will of March 25th, 1932 shall remain in full force and effect.' Esther Cohn herself died a week later from S.M. D, as her executrix, claimed the $ 4,000. Ps, the residuary legatees under Seeligsohn's will, and his executors brought suit. The court ruled for D and P appealed.