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ERVIEN WILL (09/26/67)

decided: September 26, 1967.

ERVIEN WILL


Appeal from order and decree of Orphans' Court of Montgomery County, No. 66760, in re estate of Luigina B. Ervien, deceased.

COUNSEL

Paul P. Wisler, Frank Carano, and Wisler, Pearlstine, Talone & Gerber, for appellant.

Gilbert P. High, with him High, Swartz, Roberts & Seidel, for appellee.

Bell, C. J., Musmanno, Jones, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Chief Justice Bell. Mr. Justice Cohen took no part in the consideration or decision of this case. Dissenting Opinion by Mr. Justice Roberts. Mr. Justice Jones joins in this dissenting opinion.

Author: Bell

[ 427 Pa. Page 65]

Luigina B. Ervien died November 10, 1965. Her original will could not be found. Her executors presented to the Register of Wills of Montgomery County for probate, a conformed but unsigned copy of her last will. That copy provided that in the event testatrix's husband predeceased her, which he did, her residuary estate was to be divided equally between her husband's niece, Doris Ervien Marsh, and her husband's grandnephew, Ralph Edward Marsh, Jr., with each of whom

[ 427 Pa. Page 66]

    she had maintained a close family relationship. Testatrix's only known living relative, Carolina Barbarini, her sister who resided in Italy, and whom she had not seen except for two short visits for 46 years, contested the probate of this copy and claimed testatrix's estate under the intestate laws of Pennsylvania.

The Register of Wills refused to probate the conformed copy of the will and the executors filed an appeal in the Orphans' Court. After a hearing de novo, the Orphans' Court reversed the decision of the Register of Wills and admitted the conformed copy to probate. Carolina Barbarini thereupon took this appeal.

We have reviewed the record but deem it unnecessary to discuss the evidence or the law governing the probate of a conformed copy of an allegedly lost will. We find no abuse of discretion or error of law.

Decree affirmed, each party to pay own costs.

Disposit ...


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