Panousseris' Will, In re
| Decision Date | 30 April 1959 |
| Citation | 52 Del. 21,2 Storey 21,151 A.2d 518 |
| Parties | , 52 Del. 21 In re PANOUSSERIS' WILL. In re the Last Will and Testament of Epaminondas Anastassiou Panousseris, A/K/A Epaminondas Panouseris, A/K/A Parry Panosaris. Orphans' Court of Delaware, New Castle County |
| Court | Delaware Family Court |
Appeal from an order of the Register of Wills for New Castle County denying probate of the alleged will of Epaminondas Anastassiou Panousseris, deceased.
Clyde M. England, Jr., of Killoran & VanBrunt, Wilmington, for proponents.
William S. Potter and Joseph H. Geoghegan, of Berl, Potter & Anderson, Wilmington, for caveator.
Mr. Panousseris, the decedent, died domiciled in Athens, Greece, on September 3, 1956, survived by his wife, Antigone, and a son, Ernest, who are the proponents of the alleged will, and a married daughter, Voula, who is contesting the probate of the alleged will. At his death, the decedent owned property in Greece but also was seized of a five-twelfths interest in real estate located at 715 and 717 Market Street, Wilmington.
Three years before he died, on December 7, 1953, Mr. Panousseris instructed his attorney to prepare a will for him. Later that same day, the decedent signed his name, Epaminondas Panousseris, at the end of a paper prepared and written by his lawyer purporting to be his will. No one else signed the writing and only the attorney was present and saw the decedent sign his name. After signing the purported will, decedent folded it and placed it in an envelope; and then the envelope was sealed with five wax seals which bore the personal imprint of the decedent. Two days later, on December 9, 1953, the decedent took the sealed envelope to the office of Mr. George Prapas, a notary public, resident of Athens, and there, in the presence of the notary and three witnesses, the decedent stated to the witnesses that the envelope contained his 'secret will' and, in the presence of the three witnesses, handed the sealed envelope to the notary public. The witnesses did not see the contents of the envelope and consequently did not see the signature of the decedent on the purported will, which was enclosed therein. When the notary public received the envelope, he wrote on the outside thereof the following recital, required by the Greek Civil Code:
'In this cover, enclosed the secret last will and testament of Epaminondas Anastassiou Panousseris, landowner, domiciled at Athens, handed over me, the Notary Public in and for Athens, Demetrius G. Prapas.
'In Athens, this Wednesday, the 9th ninth day of the month of December in the year 1953, nine hundred and fifty three, filed by my act under number 19254 of even date.
'Above note, having been confirmed, were signed by the Testator, the witnesses and by me, the Notary Public.'
The Testator then signed the envelope , the three witnesses signed and the notary affixed his signature.
The notary public then drew up a 'Deposition of a Secret Last Will and Testament', the agreed translation of which follows:
'In Athens, this Wednesday, the 9th ninth day of the month of December, in the year 1953, one thousand nine hundred and fifty three, in my Notarial Office, located in a house owned by the heirs of C. Kapsis, G. Stavrou st. No. 6,----
'Before me, Demetrius George Prapas, Notary Public in and for Athens, residing and holding office in Athens, and in the presence of the witnesses Eleftherious Andreou Samothrakis, a lawyer, Alexander George Politis, a process-server, residents of Athens, George Stavrou 6, and Constantine George Koulopoulos, a lawyer, resident of Athens, G. Stavrou 8, Greek citizens, of age, Christian, subject to none of the exceptions or disabilities, related in the relevant art. of the Civil Code of law, nor to any other exception by the law,----
'Appeared
'Epaminondas Anastassiou Panoussieris, a land owner, a resident of Athens, Tenedou 13, born in Nissiani-Mantinia, to me known, suffering none of the disabilities, related by the Civil Code of law nor any other legal exception,----
'Who handed over to me, in the presence of the said witnesses, a sealed envelope, containing his holograph last will and testament, which he declared that he was wishing to deposit with me, as Notary Public, according to article 1738 of the Civil Code of Law.
'I questioned the appearer, in the presence of the witnesses, whether he had written his last will and testament in his own handwriting and he replied to me that it had been written by the lawyer Stelious Triandaphyliou and signed by him, the Testator.
'Said last will and testament was sealed in an envelope by the Testator, at the rear side whereof five seals had been affixed, of sealing was bearing his personal seal, and, I, the Notary Public, received it in the presence of the witnesses and attached it to the present act, after having written at the rear side of the envelope what is laid down by the article 1742 of the Civil Code of law, i. e., the relevant note, which has been signed by the Testator and by the witnesses, plus the number of my said act.
'Mention is made here that during the whole continuance of the drawing up of the present act, the collaborating persons were present and that all provisions of article 1730 paragraph 2, articles 1738, 1741 and 1742 of the Civil Code of law, have been observed.
'In Witness Whereof, these presents were drawn up, which, having been read aloud and distinctly, in the hearing of all, and, confirmed, are being signed by all and me.
'To receive for dues and fees of these presents drachmae 35.000 thirty five thousand.
'The Testator:
'The Witnesses:
'Const. Koulopoulos (s)
'The Notary Public:
'(L.S.) D. Prapas.'
After the decedent's death, the notary sent the purported will to the Court of First Instance in Athens for probate, and on the 18th of November the following statement under oath was made by the witnesses who signed the envelope and deposition:
'In Athens, and in the House of Justice of the Peace, this Wednesday, the 18th day of the month of November, in the year 1957, one thousand nine hundred and fifty seven, at ten o'clock,----
'pursuant to the petition of Anastassios Panousseris, son of Epaminondas, domiciled at Athens, card of his identity No. 2368 of the Aliens Department of Athens,----
'Appeared:
'the witnesses: 1) Constantine G. Koulopoulos, born in Paschna, Euobea, in the year 1906, domiciled at Athens, G. Stavrou st. No. 8, lawyer, holder of the card of identity under number 1658 7/45, issued by the IId Police Station at Athens, 2) Eleftherious Andreou Samothrakis, born in Athens, in the year 1904, domiciled at Athens, Stadiou 31, lawyer, holder of the card of identity under number 134 38/45, issued by the IXth Police Station of Athens, and 3) Alexander G. Politis, born in Megapo, Laconia, in the year 1906, domiciled at Athens, Artemidos 68, process-server, holder of the card of identity under number 62 43/45, issued by the XXIIId Police Station of Athens, all Christian Orthodox, who having set their right hands on the Holy Gospels, made the following oath:
'We make oath, being well aware of the penalties accruing by law to perjury that:
'So may God and His Holy Gospels help us.
'In Witness Whereof, these presents were drawn up, which having been read and confirmed are signed:
'The Affiants:
'C. Koulopoulos (s)
'El. Samothrakis (s)
'The Clerk:
'D. Yannopoulos
'The Justice of the Peace:
The attorney who prepared the will for decedent on December 7, 1953, signed the following verified statement after the death of Mr. Panousseris:
'The Attestor: (S.S.) Illegible signature.'
The will was duly probated and published by the Court of First Instance on September 19, 1956. The will left nothing to the daughter, Voula, but mentioned that she had already received a home and personal effects as a dowry at the time of her marriage. 1 All other property, including the real property in Wilmington, was left to decedent's wife, Antigone, and his son Anastassios. If the will is probated in Delaware, the son and decedent's widow will receive the entire estate, but if the foreign will cannot be proved in Delaware, then decedent will have died intestate as to the lands in Delaware, and the daughter and son will each receive a one-half share of the Delaware realty, subject to the statutory dower rights of the decedent's widow, Antigone.
Mr. Panousseris died domiciled in Greece. His will was a valid one under Greek law....
To continue reading
Request your trial
-
Adoption of Swanson, In re
... ... In re Panousseris' Will, 52 Del. 21, 151 A.2d 518, 523 (1959). A court may not engraft upon a statute language which has been clearly excluded therefrom. Giuricich, ... ...
-
In re Last Will and Testament of Palecki
...of the New Jersey statute "unequivocally"). 26. E.g., Matter of Will of Carter, 565 A.2d 933, 936 (Del.1989); In re Panousseris' Will, 151 A.2d 518, 523 (Del. Orphans' Ct.1959). 27. 12 Del. C. § 28. 12 Del. C. § 1306 (emphasis added). 29. Id. 30. Id. 31. Id. 32. 12 Del. C. § 202. 33. Respon......
-
Will of Carter, Matter of
... ... § 202. Clear evidence of intent cannot abrogate the mandatory provisions of § 202, and this Court "has no power to substitute its judgment for that of the legislature as to the essentials of a will." In re Panousseris' Will, Del.Orphans', 151 A.2d 518, 523 (1959) ... Section 202 provides that every will must be in writing, signed by the testator, and attested and subscribed in the testator's presence by at least two credible witnesses. 12 Del.C. § 202 (1987). In this case, the document was in ... ...
-
State v. Boardman
... ... In construing a statute, the Court can only be concerned with the intention of the Legislature. In re Panousseris' Will, 2 Storey 21, 151 A.2d 518 (Orph.Ct.1959). In the instant cases, once the Court's role is clear, the decision is also clear. There is simply ... ...