WILLS-AN EXCEPTION TO THE PENNSYLVANIA MORTMAIN STATUTE

Testatrix and her husband entered into an agreement that the survivor should devise property owned by them as tenants by the entireties to charities of the Catholic Church. Ten years later, testatrix, who had survived her husband, executed a will in accordance with the agreement, and died within thirty days thereafter. The lower court held that the bequest was not invalid under the Pennsylvania statute voiding religious or charitable bequests made within thirty days of death. On appeal, held, affirmed.

Where a valid contract to make a will antedates the testator's death by more than the statutory period, the statute has no application. In re Gredler's Estate, (Pa. 1949) 65 A. (2d) 404.