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FRATONI ESTATE. (03/17/64)

March 17, 1964

IN RE FRATONI ESTATE.


Appeal, No. 134, Jan. T., 1964, from decree of Orphans' Court of Montgomery County, No. 63,149, in re estate of Augostino Fratoni, deceased. Decree affirmed.

COUNSEL

William F. Fox, with him Fox, Differ, DiGiacomo & Lowe, for appellant.

James R. Caiola, for appellees.

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

Author: Roberts

[ 413 Pa. Page 594]

OPINION BY MR. JUSTICE ROBERTS

Augostino Fratoni, a resident of Montgomery County, died without issue on April 5, 1962, survived by his widow, also a resident of Montgomery County, and by five brothers and sisters, residents of Italy. His

[ 413 Pa. Page 595]

    will, dated May 7, 1930, was duly probated, and letters issued to the widow. By the terms of the will, decedent's entire estate was given to the widow-appellant.

In 1949, decedent and his wife separated. On December 21, 1949, each being represented by counsel, Augostino and Pierina Fratoni entered into a postnuptial agreement, the presently material portions of which provide: "Whereas, the parties hereto have determined to enter into a definite and final postnuptial determination, settlement and agreement for the purpose of settling finally and determining their property rights, both as to the present and the future;

"Now, Therefore, ... in full, complete, and final settlement and determination of all marital and property questions and rights, both present and future, and for all times hereafter, it is mutually understood and agreed as follows:

...

"5. Wife hereby releases and relinquishes to husband all her rights or claims of dower, inheritance, descent and distribution, and all other claims or rights growing out of the marriage relation between said parties, and wife shall be forever barred from all rights in the estate of ...


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