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GRESSEL ET AL. v. BAILEY ET AL. (01/03/50)

January 3, 1950

GRESSEL ET AL., APPELLANTS,
v.
BAILEY ET AL.



Appeal, No. 130, Jan. T., 1949, from order of Court of Common Pleas of Philadelphia County, Sept. T., 1947, in Equity, No. 3648, in case of August A. Gressel et al. v. Anna Bailey et al. Order vacated; record remitted; reargument refused January 13, 1950.

COUNSEL

John Patrick Walsh, with him Leon Rosenfield, for appellants.

Wesley H. Caldwell and Roper & Caldwell, for Joseph P. Bailey et ux., appellees.

Oscar G. Bender, for Anna Bailey et al., appellees.

Samuel A. Goldberg, with him William H. Vincent and Wolf, Block, Schorr and Solis- Cohen, for Harry Keidel et ux., appellees.

Before Maxey, C.j., Drew, Linn, Stern, Stearne and Jones, JJ.

Author: Stearne

[ 363 Pa. Page 615]

OPINION BY MR. JUSTICE ALLEN M. STEARNE

This appeal is from an order dismissing a bill in equity which sought to cancel deeds and order reconveyance of real estate.

[ 363 Pa. Page 616]

Plaintiffs, August A. Gressel and Bartlin Gressel, are the sons and William C. Gressel, Jr., and Joan Gressel are the grandchildren of Louise K. Gressel, who died February 23, 1947. One defendant is Anna Bailey, a daughter. Other defendants are: Martin E. Gallagher, a real estate agent, and Harry Keidel and wife and Joseph P. Bailey and wife, who were purchasers of certain real estate herein involved.

Plaintiffs charged in the bill that the defendant daughter, acting in concert and collusion with defendant Gallagher, secured (1) a deed dated November 28, 1945 conveying the real estate to the daughter and (2) a will dated the same day (copy of which was attached to the bill) whereunder the daughter (after direction for payment of debts and two pecuniary legacies to decedent's sons) was bequeathed and devised the entire residuary estate absolutely.

According to our examination of the record, the will is lodged for probate with the register of wills but a notice of caveat has been lodged ...


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