The  Wills  Act  of  June  7,  1917,  P.  L.  403,  is  retroactive  so  that  where


WILLS  ACT— Sections  26-27  167

testatrix  made  her  will  prior  to  the  passage  of  the  act,  but  did  not  die
until  after  that  date,  the  Wills  Act  applies.  A  will  being  ambulatory
speaks  as  of  the  date  of  death.     In  so  holding  Miller,  J.,  said,  inter  alia :

"The  paper  in  question  bears  date  and,  if  executed,  was  written  on  the
8th  day  of  September,  1914,  prior  to  the  passage  of  the  Wills  Act  of  1917.
She  died,  however,  after  its  passage,  and  the  provisions  of  the  Act  of
191 7  by  its  terms  apply  to  persons  dying  on  or  after  said  day,  irrespective
of  the  date  of  the  execution  of  the  will.  That  the  section  just  quoted
gives  retrospective  effect  to  the  act  seems  to  be  settled  in  Auberd's  App.,
109  Pa.  447,  and  seems  to  be  an  answer  to  the  contention  that  to  apply
the  provisions  of  the  Act  of  1917  to  a  will  made  in  1914  does  not  involve
retroactive  legislation,  no  vested  rights  existing  and  no  violation  of  con-
tracts forbidden  by  the  Constitution  being  involved,  in  view  of  the  well
known  principle  of  law  that  wills,  being  ambulatory,  speak  of  the  date  of
the  death  of  the  testator.''    Perry's  Estate,  67  P.  L.  J.  216.
The  provisions  of  the  Wills  Act  do  not  effect  a  case  where  the  decedent
died  on  August  30,  1917.  See  Garnier  v.  Garnier,  16  North.  205,  at  p.  215 ;
Mulligan's  Est.,  47  Pa.  C.  C.  546,  28  Dist.  309.
253.     REPEALER.
