
    Plumstead’s Appeal.
    
      Saturday, December 19.
    THIS was an appeal by Mary, Clementina, Margaret, and William Plumstead, by their guardian Thomas Lowry, from the decree of the Register’s Court of the county of Philadelphia, in which the following case was stated for the • • c opinion of this Court.
    R, G, died vW^herRAb ^'laaS^ter of ed, a brother of R, G, of the whole b’i00(]; and a nephew and several nieces, the uie-time G’,nelosed which she , certificate of which were so fodaní* ?>y *e after her witnessed death, with the words, “ For B, H,” written on the envelope, in R, G’s own own handwriting, which
    SIle aiso in* closed in her life-time, in another paper which was so found by the administrator after her decease, several other bonds, among which was one from G, P, to R, G, on which there was a testamentary indorsement, in favour of her nephew, the son of G, P, dated.five years before her death. On the envelope of the last mentioned bonds, the words « For the heirs of G, P,” were written in the hand-writing of R, G, which was also proved by two witnesses. The papers so directed and indorsed, remained in the possession of R, G, during her life, without her having made any delivery of them in a Dy form, or having communicated the circumstance to any one. Held, that the papers so indorsed could not be admitted to probate, as a will in writing of R, G.
    “ Rebecca Gore died about the 1st July, 1809, leaving to survive her Rebecca Hutton, daughter of Thomas deceased, the brother of Rebecca Gore of the whole blood; and Mary, Clementina, Margaret, and William children of George Plumstead, the brother of Rebecca Gore of the half blood.
    “In the life-time of- Mrs. Gore, she enclosed in á which she put into a mahogany box, the following bonds certificate, which were so found by the administrator after her decease, with the words '■'■For Rebecca Hutton," written on the envelope in Mrs. Gore's own hand-writing, proved by two witnesses, viz. William Cramond and Henry Nixon,
    
    “ Bond, John Nixon to Rebecca Gore, for 1 - 400/.
    “ do. to do. - - 600
    “ Joseph Swift to do. - - 100
    “ Henry Drinker to do. , - - 300
    “ Richard Stevens to do. - - 300
    “ Certificate of one share of stock of the Bank of Pennsylvania. °
    
    
      “ In like manner, Mrs. Gore in her life-time enclosed iu another paper the following bonds, which were so found by the administrator after her decease, with the words, “ For the heirs of George Plumstead,” written on the envelope, in Mrs. Gore's own hand-writing, proved by the same witnesses, viz.
    
    “ Bond, Joseph,Swift to Mary Plumstead, 6001.
    “ George Plumstead to Rebecca Gore, - 200
    with a testamentary indorsement in favour of William Plum-stead, a minor, dated June, 1805, on the bond.
    “ Same to the same, - - 91. yearly.
    “ The papers so enclosed and indorsed, remained in the possession of Mrs. Gore during her life, without her having made any delivery of them in any form, or having communicated the circumstance to any of the parties interested, or to any other person ; and it is not known, at what time, or for what purpose, the said enclosures and indorsements were made, otherwise, than as appears from the papers and indorsements themselves.
    “ The estate of George Plumstead was insolvent at the time of his death, which was years before the death of Mrs. Gore.
    
    “ The question for the opinion of the Court is, whether the indorsements on the said envelopes are such, as that they can by law be admitted to probate, as a will in writing of Rebecca Gore.”
    
    
      Raxvle, jun. and S. Levy,
    
    in.support of the decree of the Register’s Court, cited Roberts on Wills, 196. 4 Bac. Ab. 339. Legacies, B. God. Orph. Leg. 282. Stone v. Evans,
      Highl v. Wilson.
      
       Lezuis v. Maris.
      
       Englefried v. Woelpart.
      
      Rustan v. Ruston.
      Swinb. 6, 7. 9, 10. Fisher v. Mcholls.
      
       Molineux v. Molineux
      
       8 Fin. 44. Havard v. Davis.
      .
    
      Kittera and Tilghman, against the decree,
    cited 8 Fin. 44. A. 2.- Disher v. Disher.
      Taggart v. Toner.
      
       7 Bac. Ab. 307, 8. Roberts on Wills, 196 to 201.
    
      
       2 Mh. 86.
    
    
      
      
         1 Ball. 94.
    
    
      
      
         1 Ball. 286.
    
    
      
       1 Yeates, 46',
    
    
      
       2 Yeates, 60.
    
    
      
       3 Salk. 394.
    
    
      
      
         Cro. Jac. 144.
    
    
      
       2 Binn.- 406.
    
    
      
      
         1 P. Wms. 204.
    
    
      
       5 Bintt. 496,
    
   The opinion of the Court was delivered by

Duncan J.

The question.is, can an envelope inclosing curities for debts, with this indorsement, For Rebecca Gore, and another envelope inclosing other securities indorsed, For the heirs of George Plumstead, in the hand-writing of the deceased,never having been out of her possession, and without any communication made to any one on the subject, or any evidence to shew at what time, or for what purpose the indorsements were made, be received and probate granted of them as testamentary papers ? Without going through the variety of cases which have been cited, each depending on its own particular circumstances, the Court deem it sufficient to declare, that the indorsements are not in their nature testamentary, per se. There is nothing in them marking an intention to dispose of the security by those indorsements, as by will; nor any declaration of the intention of the deceased, that these securities after her death should go to the person mentioned in the inventory; nor do they contain the slightest evidence of legatory words, nor in any way denote a legatory donation. If the envelope. inclosed a patent to Rebecca Gore for a tract of land, with the indorsement For the heirs of George Plumstead, this never could be considered as a devise of land. I cannot distinguish the cases. It might be the intention of Rebecca Gore to dispose of these securities by will, or give them in her life-time to the persons mentioned; but the naked word, “ For" never could amount to a testament, which is defined to be the legal declaration of a person's intention which he wills to be performed after his death.

Decree reversed.  