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KADILAK WILL. (11/14/61)

November 14, 1961

KADILAK WILL.


Appeal, No. 210, March T., 1961, from decrees of Orphans' Court of Beaver County, No. 405 of 1959, in re estate of Andi Kadilak, also known as Andrew Kadilak. Decrees affirmed.

COUNSEL

Myron E. Rowley, with him Ralph E. Smith, James E. Rowley, Richard P. Steward, and Rowley, Smith & Rowley, for appellant.

Robert L. Orr, with him Reed, Ewing, Orr & Reed, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and Alpern, JJ.

Author: Bell

[ 405 Pa. Page 239]

OPINION BY MR. CHIEF JUSTICE BELL.

This appeal raises the question of whether the Orphans' Court abused its discretion in refusing an issue d.v.n.

Andrew Kadilak died on November 17, 1959. On November 24, 1959, an instrument dated October 12, 1953, was admitted to probate as his last will and testament. Three days later, on November 27, 1959, another instrument dated the - day of May, 1957, was also admitted to probate as decedent's last will and testament. The alleged will dated October 12, 1953, hereinafter referred to as the first will, was found in the decedent's safe deposit box in a bank. Two ro three days later the alleged will of 1957, hereinafter referred to as the second will, was found in a leather pouch (envelope) in the general safe of decedent's bank. It had been delivered by decedent to his son, Steve Kadilak, to keep for him; a couple of months later and a month before decedent's death, Steve delivered the pouch to a girl employee of the bank and it was thereafter kept in the general safe of the bank. One of decedent's five*fn1 children, Agnes Kadilak Marcum and William Marcum, her husband, have appealed from the decree of probate of the second will. The contestant, Agnes Kadilak Marcum, was left by the first will decedent's

[ 405 Pa. Page 240]

    house and lot at 637 Beaver Avenue, Midland, Beaver County, Pennsylvania, and all furnishings contained therein. The net value of this house and its furnishings is undetermined. Agnes' husband was given $500 to be used for decedent's burial expenses. After a pecuniary legacy to each of his children in different amounts, testator left his residuary estate to his children share and share alike.

In the second will, decedent directed his real estate to be sold and from the proceeds of sale, together with all other money he had, he made the following bequests:

(a) To his daughter, Pauline (Sister Mary Renita), $1,500; in the first will ...


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