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ROSCIOLO ESTATE (04/23/69)

decided: April 23, 1969.

ROSCIOLO ESTATE


Appeal from decree of Orphans' Court of Chester County, No. 195 of 1966, in re estate of Umberto Rosciolo, deceased.

COUNSEL

Lawrence A. Goldberg, with him G. Clinton Fogwell, Jr., and Reilly and Fogwell, for appellant.

William R. Keen, Jr., with him Milton Apfelbaum, for appellees.

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

Author: Bell

[ 434 Pa. Page 462]

Umberto Rosciolo and Elda DiSantis were both widowed and had their own families by their respective former marriages. In 1955, they were married, but shortly before, they executed the following Agreement,*fn* prepared by Umberto Rosciolo's lawyer:

"This Agreement made and entered into at Coatesville, Chester County, Pennsylvania, by and between Umberto Rosciolo of Highland Township, Chester County, Pennsylvania, a widower, party of the first part, and

"Elda DiSantis, of the Borough of Downingtown, Chester County and State of Pennsylvania, a widow, party of the second part, Witnesseth:

"1. The party of the first part and the party of the second part contemplate legal marriage, under the laws of the State of Pennsylvania, and it is agreed that all the properties of any name or nature, real, personal or mixed, wherever they may be found, belonging to

[ 434 Pa. Page 463]

    the party of the first part before marriage, shall be and remain forever, his personal estate, and that this shall include all rents and profits which may in time accrue or result in any manner from increase in value, or be collected for the use of the same in any way.

"2. All properties of any name or nature, real, personal or mixed, wherever the same may be found which belong to the party of the second part before marriage, shall be and remain forever her personal estate, and this shall include all rents and profits which may in time accrue or result in any manner from increase in value, or be collected for the use of the same in any way.

"3. It is agreed between the party of the first part and the party of the second part that each will sign with the other all title papers, deeds or other papers, necessary to transfer property when sold to a purchaser, as such ...


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