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O'MALLEY WILL (04/22/52)

April 22, 1952

O'MALLEY WILL


Appeal, No. 179, March T., 1951, from decree of Orphans' Court of Allegheny County, 1949, No. 1931, in Estate of Hannah O'Malley, deceased. Decree reversed.

COUNSEL

John A. Metz, Jr., with him Metz & Metz, for appellant.

Adolph Goldberg, with him Virgil N. Caputo, for appellee.

Before Drew, C.j., Stearne, Jones, Bell, Chidsey and Musmanno, JJ.

Author: Stearne

[ 370 Pa. Page 282]

OPINION BY MR. JUSTICE ALLEN M. STEARNE

The appeal is from a decree of the Orphans' Court of Allegheny County refusing to vacate a decree of probate in order to permit the probate of a later alleged last will and testament.

Hannah O'Malley died April 19, 1949, aged about seventy-five years, unmarried and without issue. Apparently

[ 370 Pa. Page 283]

    her only next of kin was a sister, Ellen Scattergood. A holographic purported last will and testament dated Sept. 1948 was probated on April 25, 1949 and letters of administration cum testamento annexo were issued to a sister-in-law, Christine O'Malley, one of the beneficiaries named in the will. The estate consists of personal property inventoried at $14,471.81. The beneficiaries named in the probated will are testatrix's sister, Ellen Scattergood; Ellen's daughter Rose; a sister-in-law, Christine O'Malley; Christine's daughter, Delorous O'Malley; and "her sister Gabriel Mervis."

On September 29, 1949, Lucille M. Concannon filed an appeal from the decree of probate seeking to vacate such probate in order to permit the probate of an alleged later will dated February 3, 1949, which reads as follows:

"to my sister Ellen Scattergood 100.0 to each of them and her my sister the same and for Masses for my soul 5.00. I want all debts paid I leave to the ...


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