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FESSMAN ESTATE. (11/12/56)

November 12, 1956

FESSMAN ESTATE.


Appeal, No. 162, March T., 1956, from decree of Orhans' Court of Allegheny County, at No. 4367 of 1954, in re estate of Charles H. Fessman, deceased. Amended decree affirmed.

COUNSEL

John A. Metz, Jr., with him Metz, McClure, Hanna & MacAlister, for appellant.

Andrew L. Weil, with him R. J. Cleary, George W. McKeag, Arthur W. Lewis, Weil, Vatz & Weil, Philips, Farren & McKeag, and Lewis & Hutchinson, for appellee.

Before Stern, C.j., Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

Author: Bell

[ 386 Pa. Page 448]

OPINION BY MR. JUSTICE BELL

The question involved may be succinctly stated: Did Fessman agree to support his son during his minority, or did the support agreement terminate on Fessman's death?

[ 386 Pa. Page 449]

The Orphans' Court awarded the bulk of Fessman's estate to a trustee for the minor's support during minority. From this decree one of the residuary legatees appealed.

Fessman and his wife had a child, Charles Richard Fessman, who was born March 17, 1949. Mrs. Fessman, on May 24, 1949, filed a complaint in divorce a mensa et thoro. On January 18, 1951, the Court ordered Fessman to pay his wife $140. a month as alimony pendente lite. On July 27, 1951, Fessman executed a will in which he left his residuary estate to be divided equally between his parents on the one hand and Eva Puccinelli, the appellant, on the other hand. On March 18, 1952, Mrs. Fessman's complaint was amended to ask for an absolute divorce.

On July 15, 1952, Fessman executed and his attorney, Tasso E. Camarinos, sent to Mrs. Fessman's attorney, William J. Graham, the following important letter:

"July 15, 1952

Mr. William J. ...


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