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PLASTERER ESTATE. (03/17/64)

March 17, 1964

IN RE PLASTERER ESTATE.


Appeal, No. 62, Jan. T., 1964, from decree of Orphans' Court of Lebanon County, Oct. T., 1959, No. 6, in re estate of Isaac Plasterer, deceased. Decree vacated.

COUNSEL

Charles V. Henry, III, for appellants.

L. E. Meyer, with him Meyer, Brubaker & Whitman, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.

Author: Jones

[ 413 Pa. Page 514]

OPINION BY MR. JUSTICE JONES

Isaac Plasterer (decedent), died, testate, on July 22, 1959. Under the provisions of his will - executed December 12, 1958 - decedent, after bequeathing $300 to his widow, Stella M. Plasterer, gave the residue of his estate to his two daughters by a prior marriage, Sadie M. and Mabel H. Plasterer (appellants). This will was probated and letters testamentary issued to appellants.

On October 17, 1959, the widow filed an election to take against the will. Over three years later, appellants petitioned the Orphans' Court of Lebanon County for a rule to show cause why the widow's election to take against the will should mot be vacated on the ground that the widow, by a written instrument dated August 5, 1958, has renounced her rights in decedent's estate. The widow filed preliminary objections which alleged that the written instrument of August 5, 1958 failed to show any promise by either the widow or the decedent supported by consideration. The court sustained these preliminary objections and dismissed appellants' petition to vacate the election. From that decree this appeal was taken.

[ 413 Pa. Page 515]

The handwritten*fn1 instrument upon which appellants rely to defeat the widow's rights provides:

" Aug. 5-58

To who It is concerned

My Heirs or Mr. ...


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