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MITCHELL WILL (01/04/66)

SUPREME COURT OF PENNSYLVANIA


decided: January 4, 1966.

MITCHELL WILL

Appeal from decree of Orphans' Court of Philadelphia County, No. 415 of 1964, in re estate of Estella D. Mitchell, deceased.

COUNSEL

Paul Maloney, with him Holbrook M. Bunting, Jr., and Pepper, Hamilton & Scheetz, for appellants.

Harry A. Takiff, with him Martin Greitzer, and Takiff and Bolger, for appellees.

Bell, C. J., Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Cohen.

Author: Cohen

[ 420 Pa. Page 219]

In this will contest proponents proved the will and its execution by the necessary subscribing witnesses thereby shifting the burden to the contestants. The hearing judge found that taking as true all of contestants' testimony as to decedent's mental and physical condition, the contestants' case was still insufficient to show undue influence exerted upon the decedent by any person or persons in confidential relationship. These findings of the hearing judge were affirmed by the court en banc and we see no reason why they should be disturbed.

Decree affirmed. Each party to bear own cost.

Disposition

Decree affirmed.

19660104

© 1998 VersusLaw Inc.



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