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GRIECO ESTATE (07/01/68)

decided: July 1, 1968.

GRIECO ESTATE


Appeals from adjudication of Orphans' Court of Delaware County, No. 849 of 1965, and from decree of Orphans' Court of Delaware County, No. 849 of 1965, in re estate of Joseph J. Grieco, deceased.

COUNSEL

Edward M. Seletz, with him Seletz and Clark, for appellant.

Francis A. Ferrara, with him Donald W. Sparks, and Kassab, Cherry, Curran & Archbold, and Eckell, Sparks & Monte, for appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Chief Justice Bell. Mr. Justice Jones and Mr. Justice Roberts concur in the result.

Author: Bell

[ 431 Pa. Page 109]

Testator, Joseph J. Grieco, died on December 20, 1964, survived (a) by a minor child of his marriage to his widow Theresa; and (b) by three grandchildren, who were children of a deceased child by a prior marriage; and (c) by several brothers and sisters. In his will, dated June 2, 1964, which was drawn by his attorney,

[ 431 Pa. Page 110]

    testator made a number of pecuniary bequests to relatives and employees; he bequeathed his diamond ring to a grandson; and then made the following provision:

"Item: I give and bequeath to my brother, George Grieco, fifteen (15%) percent of my printing business including fifteen (15%) percent of the land, building and equipment in which said business is conducted, 131 East Seventh Street, Chester, Pennsylvania.

"Item: I give and bequeath to my brother, Lorenzo Grieco, fifteen (15%) percent of my printing business including fifteen (15%) percent of the land, building and equipment in which said business is conducted, 131 East Seventh Street, Chester, Pennsylvania.

"Item: I give and bequeath to my wife, Theresa Mary Grieco, seventy (70%) percent of my printing business including seventy (70%) percent of the land, building and equipment in which said business is conducted, 131 East Seventh Street, Chester, Pennsylvania.

"Item: All of the rest, residue and remainder of my estate, real, personal and mixed, whatsoever and wheresoever Situate, I give, devise and bequeath to my wife, Theresa Mary Grieco, absolutely and in fee simple."

The property situate at 131 East Seventh Street, Chester, Pennsylvania, together with the aforesaid printing business conducted thereon, were acquired on or about August 31, 1961 by the testator and his widow Theresa as tenants ...


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