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MANFREDI ESTATE. (04/18/60)

April 18, 1960

MANFREDI ESTATE.


Appeal, No. 6, March T., 1959, from decree of Orphans' Court of Washington County, No. 331 of 1955, in re estate of Frank Manfredi, also known as Frank Manfrade, deceased. Decree affirmed.

COUNSEL

John F. Roney, for appellant.

Sherman H. Siegel, with him, J. R. Irwin Knox, for appellee.

Before Jones, C.j., Bell, Jones, Cohen, Bok and McBRIDE, JJ.

Author: Bell

[ 399 Pa. Page 286]

OPINION BY MR. JUSTICE BELL.

Frank Manfredi, of Washington, Pa., died on February 12, 1955, intestate and unmarried. The Orphans' Court found that a sister of the decedent was entitled to decedent's estate. The Court also found that an alleged nephew, Fiore Manfredi - who claimed that he was born in San Mango D'Aquino, Italy, October 26, 1909 and that he was the son of Fedele Manfredi and Teresa Mendicino, who were eventually married on April 30, 1916 in San Mango D'Aquino - was not a legitimate child of decedent's brother Fedele, and consequently was not entitled to a share of the decedent's estate. This claimant took no appeal. The Court likewise found that Mary Maola, the appellant, was not the legitimate child of decedent's brother, Fedele Manfredi, and consequently was not entitled to a share of the decedent's estate.

The Manfredis were poor Italian people who from 1907 until 1912 lived in a shanty in Washington, Pa. The shanty, which consisted of 2 or 3 rooms, was owned by decedent and was occupied (1) by the decedent, and (2) by his brother, Fedele Manfredi, and (3) by Joe Gallo, and (4) by Mary Yanni, and (5) in 1912 for 4 or 5 months by Mary Maola's mother, Catherine Fiorelli.

Appellant's proof that she was the legitimate daughter of decedent's brother, Fedele, may be thus summarized:

(a) Mary's own testimony that her mother told her that Fedele was her father. She never knew her father, because he left her mother and herself when she was about six months old to return to Italy in 1913

[ 399 Pa. Page 287]

    because of an alleged illness. Fedele died in Italy on August 26, 1916.

(b) Mrs. Grace Mary Papa testified that she moved to Smith's Ferry in 1912; that Fedele and his wife were already there; that he referred to Catherine as his wife; and that the Italian families in Smith's Ferry, numbering 5 or 6, "all took it that they were husband and wife". About four months after Fedele left for Italy, his brother Frank came and said Fedele told him to remove all the furniture, which he ...


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